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^6e  a^e00age0  ot  tit  Bible 

EDITED   BY 

Frank    K.    Sanders,    Ph.D.,    President  of  Washburn   College, 

Topeka,    Kansas,    and    Professor    Charles    F.    Kent, 

Ph.D.,  of  Yale  University 

A  new  series,  in  which  emphasis  is  placed  upon  the  concise,  for- 
cible, and  realistic  interpretation  of  the  Bible.  The  books  of  the 
Bible  are  grouped  according  to  a  natural  classification,  their  contents 
arranged  in  the  order  of  apjjearance,  and  a  scholarly  yet  popular 
paraphrase  of  their  distinctive  thought  given  in  plain  and  expressive 
English.  The  purpose  of  this  series  is  to  enable  any  reader  of  the 
Bible  to  understand  its  meaning  as  a  reverent  scholar  of  to-day  does, 
and  in  particular  to  receive  the  exact  impression  which  the  words  as 
originally  heard  or  read  must  have  made  upon  those  for  whom  they 
were  delivered. 

This  series  is  not  a  substitute  for  the  Bible,  but  an  aid  to  the 
reverent,  appreciative,  and  enthusiastic  reading  of  the  Scriptures ;  in 
fact,  it  will  serve  the  purpose  of  an 

ORIGINAL  AND  POPULAR  COMMENTARY 
Technicalities  and  unsettled  questions  will  be,  as  far  as  possible, 
ignored.  Ea  h  volume  will  be  prepared  by  a  leading  specialist,  and 
will  contain  such  brief  introductions  as  serve  to  put  the  reader  into 
intelligent  relation  to  the  general  theme  treated.  The  editorial  re- 
arrangement of  the  order  of  the  Biblical  books  or  sectioas  will  repre- 
sent the  definite  results  of  sober  scholarship. 


I.  The  Messages  of  the  Earlier  Prophets. 

II.  The  Messages  of  the  Later  Prophets. 

in.  The  Messages  of  the  Law  Givers. 

IV.  The  Messages  of  the  Prophetical  and  Priestly  Qs* 
torians. 

V.  The  Messages  of  the  Psalmists. 

VI.  The  Messages  of  the  Sages. 

VII.  The  Messages  of  the  Poets. 

Vni.  The  Messages  of  the  Apocalyptic  Writers. 

IX.  The  Messages  of  Jesus  according  to  the  Synoptist& 

X.  The  Messages  of  Jesus  according  to  John. 

XI.  The  Messages  of  Paul. 

XII.  The  Messages  of  the  Apostles. 


gbe  fiDeggagea  of  tbe  Bible 

EDITED  BY 

"^^ROFESSOR  Frank  K.  Sanders,  Ph.D. 

formerly  of  Yale  University 

AND 

Professor  Charles  F,  Kent,  PhJX 

of  Yale  University 

VOLUME  III. 

THE  MESSAGES  OF  ISRAEL'S  LAWGIVERS 


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THE  HISTORICAL  DEVELOPMENT  OF  ISRAELS  WRITTEN  LAW 


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THE  MESSAGES  OF 
ISRAEL'S    LAWGIVERS 

THE  LAWS  OF  THE  OLD  TESTAMENT  CODI- 
FIED, ARRANGED  IN  ORDER  OF  GROWTH, 
AND    FREELY    RENDERED    IN    PARAPHRASE 


•Y 

Charles  Foster  Kent,  Ph.D. 

Woolsey  Professor  of  Biblical  Literature  in  Yale  Universi^ 


NEW  YORK 

CHARLES  SCRIBNER'S  SONS 

I9II 


Copyright,  1902, 

by 

CHARLES  SCRIBNER'S  SONS 

Published,  November,  1902 


Co 
MY    FATHER 


PREFACE 

For  three  or  four  centuries  the  Pentateuch  has  been 
the  battle-field  on  which  have  fought  the  champions  of 
the  old  and  new.  The  long,  bitter  conflict  has  not  been 
in  vain,  for  it  has  made  clear  to  all  seekers  for  truth  the 
real  origin,  growth,  and  relationships  of  the  wonderful  col- 
lections of  laws  found  in  the  opening  books  of  the  Old 
Testament ;  but  the  din  and  smoke  of  battle  have  hitherto 
almost  completely  concealed  their  content  and  true  signifi- 
cance. Attention  has  been  focused  upon  questions  of  date 
and  authorship  and  the  vital  messages  of  the  individual  laws 
have  been  overlooked.  The  aim  in  the  present  volume  is 
not  to  fight  over  again  a  battle  which  has  become  a  theme 
for  the  historian  nor  to  recite  the  epic  of  pentateuchal 
criticism.  Its  established  results,  however,  are  accepted 
as  the  foundation  upon  which  is  based  the  positive  recon- 
struction. In  concise  form  the  conclusions  of  modern 
scholarship  regarding  the  origin,  growth,  date,  and  author- 
ship of  the  different  laws  and  groups  of  laws  are  presented 
and  made  accessible  to  the  general  Bible  student  who  has 
neither  the  time  nor  inclination  to  enter  the  maze  of  tech- 
nical pentateuchal  discussion.  The  chief  aim,  however 
<^n  common  with  the  other  volumes  of  this  series),  is  to 
vii. 


Preface 

bring  out  into  clear  relief  the  great  facts  and  principles 
which  constitute  the  real  message  of  Israel's  lawgivers, 
and  to  provide  a  practical,  systematic  basis  for  the  study 
of  Old  Testament  institutions. 

Our  forefathers  were  earnest,  devoted  students  of  the 
"  Laws  of  Moses."  No  portion  of  the  Bible  commanded 
more  of  their  attention.  But  with  the  passing  of  the 
symbolic  method  of  interpretation,  which  found  in  every 
ceremonial  institution  a  profound  spiritual  meaning  or 
prediction,  and  with  the  advent  of  scientific  biblical  criti- 
cism, there  has  come  a  marked  reaction.  The  prophetic 
decalogue  of  Exodus  20  (Dt.  5)  still  holds  a  prominent 
place  in  the  thought  of  Christianity,  but  otherwise  the 
pentateuchal  laws  are  now  little  studied.  In  the  actual 
working  canon  of  the  ordinary  biblical  student  the  ma- 
jority of  them  find  no  recognition.  Together  with  Lamen- 
tations, the  genealogical  lists  of  Chroriicles  and  the  more 
obscure  passages  of  the  prophecies,  they  are,  as  a  matter 
of  fact,  quietly  ignored.  In  general  this  is  as  true  with 
those  who  still  jealously  guard  the  traditions  of  Mosaic 
authorship  as  it  is  with  those  who  accept  the  more  recent 
conclusions  regarding  the  Pentateuch. 

The  question  may  be  appropriately  raised  whether  or 
not  the  prevailing  neglect  of  the  Old  Testament  laws  is 
justified  by  the  facts.  Obviously,  as  in  the  case  of  the 
Bible  as  a  whole,  the  question  must  ultimately  be  an^ 
swered  on  the  basis  not  of  any  traditional  claim  to  author- 
viii 


Preface 

ity  but  of  intrinsic  merit.  Have  they  a  practical  message 
for  the  present  age  and  a  value  unaffected  by  time  and 
change  ?  In  endeavoring  to  interpret  their  thought  into 
modern  language,  I  have  aimed  to  give  a  concrete  answer 
to  this  vital  question.  It  is  manifest  that  the  various  laws 
have  different  values.  Some  possess  simply  an  histori- 
cal interest.  They  represent  the  scaffolding  reared  for 
the  upbuilding  of  the  Israelitish  nation  and  faith,  or — to 
use  Paul's  figure — they  correspond  to  the  pedagogue,  the 
trusty  slave,  who  attended  to  the  moral  education  of  the 
youthful  race.  Other  laws  represent  those  developing  in- 
stitutions which  constitute  the  flesh  and  blood  of  Israelitish 
history,  and  therefore  possess  a  perennial  interest  for  all 
who  would  know  that  marvellous  history  in  its  true  char- 
acter. The  laws,  chronologically  arranged,  furnish  a  com- 
plete epitome  of  the  growth  of  Israel's  moral  standards. 
The  institutions  and  usages  of  Judaism  are  also  the  back- 
ground of  early  Christianity.  The  Old  Testament  laws 
will,  therefore,  never  cease  to  have  an  ever-present  value, 
because  they  are  the  chief  guides  to  a  perfect  understand- 
ing of  the  two  most  important  religions  which  have  ever 
touched  the  heart  and  moulded  the  life  of  humanity. 
Moreover  a  large  proportion  of  the  laws  themselves  pos- 
sess an  independent  value,  for  they  are  the  concrete  ex- 
pression of  the  most  profound  religious  ideas  that  have 
ever  stirred  men  to  right  thought  and  action.  The  prin- 
ciples of  justice,  uprightness,  and  mercy  are  applied  m 
ix 


Preface 

direct,  practical  form  to  the  life  of  the  individual  and  of 
organized  society.  The  spirit  of  devotion  and  genuine 
humility,  the  sense  of  dependence  upon  God,  the  necessity 
of  true  and  open  confession  of  sin  and  the  craving  for 
forgiveness  and  perfect  harmony  with  the  Divine  are  all 
forcibly  and  constantly  emphasized.  The  practical  value 
of  the  laws  is  the  greater  because  they  are  the  outgrowth 
of  universal  human  experience  and  therefore  marvellously 
suited  to  the  conditions  and  needs  of  humanity.  The  fact 
that  many  of  them  represent  intermediate  stages  in  the 
process  of  moral  evolution  explains  their  adaptation  to  the 
wants  of  those  whose  ethical  culture  is  only  partially  com- 
plete. The  childhood  of  each  individual  is  very  similar  to 
that  of  the  race.  That  system  which  guided  the  Israelites 
from  gross  heathenism  to  the  pure  worship  of  the  one 
God,  certainly  has  a  noble  mission  to-day.  Through  the 
Old  Testament  laws,  as  well  as  through  the  perfect  teach- 
ings of  the  Christ,  God  still  speaks  to  mankind,  revealing 
his  will  and  the  definite  ways  in  which  it  may  "  be  done 
on  earth  even  as  it  is  in  heaven." 

In  their  present  form  they  are  like  the  maxims  in  the 
Book  of  Proverbs,  thrown  together  in  perplexing  confu- 
sion, with  only  an  occasional  indication  of  anything  like 
an  attempt  at  systematic  arrangement.  This  character- 
istically oriental  method  of  grouping  undoubtedly  further 
explains  their  present  neglect.  Maimonides,  the  great  Jew- 
ish scholar,  made  a  partial  classification  of  the  Talmudic 


Preface 

laws ;  but  strangely  enough  no  scholar,  Jewish  or  Chris- 
tian, appears  hitherto  to  have  attempted  to  apply  occidental 
methods  of  classification  to  the  Old  Testament  legislation. 
While  the  present  work  has  been  in  preparation,  a  brief 
grouping  of  these  laws  and  institutions  has  appeared  in 
the  appendix  (pp.  222-254)  to  the  first  volume  of  The 
Hexateuch  by  Carpenter  and  Harford-Battersby.  In  the 
system  of  codification  which  I  have  adopted,  kindred 
laws  have  first  been  grouped  together  and  then,  in  order 
to  bring  out  the  historical  development  of  each  institution, 
those  in  each  group  or  sub-group  have  been  arranged  in 
chronological  order  under  the  three  general  headings  : 
Primitive,  Deuteronomic,  and  Priestly  Codes.  Later 
supplemental  additions  to  each  of  these  main  codes  have 
been  distinguished  by  the  use  of  smaller  type.  Repetitions 
have  as  far  as  possible  been  avoided ;  but  when  it  has 
been  found  necessary,  in  order  to  present  a  complete  con- 
spectus of  all  the  Old  Testament  enactments,  relating  to 
each  subject  treated,  a  few  laws  have  been  introduced 
twice  and,  in  certain  cases,  three  times. 

The  field  represented  by  this  volume  is  in  itself  vast 
and  leads  to  many  others  equally  fascinating.  Limits  of 
space  have  made  it  impossible  to  realize  my  original  plan 
of  carrying  the  classification  into  the  still  broader  territory 
of  rabbinical  literature.  On  the  other  hand  the  temptation 
has  constantly  been  strong  to  devote  much  attention  to 
the  origin  and  history  of  Israel's  institutions.  In  an  inde- 
xi 


Preface 

pendent  volume  I  hope  some  time  to  make  a  comparative 
study  of  Semitic  laws  and  judicial  systems.  To  my  stu- 
dents in  Brown  and  Yale  Universities,  and  especially  to  the 
Reverends  Frederick  Lent,  M.A.,  and  Edgar  Laing  Heer- 
mance,  M.A.,  who  have  critically  followed  the  codifica- 
tion of  the  laws  in  connection  with  class-room  Work,  I  am 
indebted  for  valuable  suggestions. 

C.  F.  K. 
Yale  University, 
July,  igo2. 


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INTRODUCTION 


INTRODUCTION 


THE    GROWTH    OF    ISRAEL  S    LAWS    AND    INSTITU- 
TIONS 

"  First  the  blade,  then  the  ear,  and  then  the  full  corn  The  three 
in  the  ear  "  is  an  epitome  of  the  history  of  Israel's  laws  raefriisti-' 
and  institutions.     They  gradually  unfolded,  as  new  con-  ^^^°Ji^ 
ditions  and  needs  arose  and  as  new  principles  of  action 
were  revealed  to  the  consciousness  of  the  nation.     Three 
distinct  stages   of  development   may  be  distinguished. 
The  first  is  the  nomadic,  during  which  the  Israelites  lived  (i)  The 
the  life  and  followed  the  customs  of  the  tribes  which  still  mTdic'  ^°' 
range  with  their  flocks  and  herds  up  and  down  the  deserts 
to  the  east  and  south  of  Palestine.     Their  primitive  mode 
of  existence  demanded  and  made  possible  only  the  sim- 
plest institutions.     Their  tribal  organization  insured  the 
observation  of  the  few  firmly  established  customs,  which 
were  the  forerunners  of  law.     Of  written  codes  they  had 
no  need  and  but  scanty  means  of  preserving  them. 

The  conquest  of  Canaan,  by  alliances  and  intermar- (2)  The  agrU 

...  .  ,      .  1111  1    cultural  and 

riage  with  the  native  population  as  well  as  by  the  sword,  national 


Introduction  The  Messages  of 

marks  the  important  transition  to  the  second,  the  agri- 
cultural stage,  in  which  the  Hebrews  became  a  settled 
people  with  a  permanent  place  of  abode,  where  they  were 
able  to  crystallize  into  an  independent  nation.  Under  the 
radically  changed  conditions,  earlier  customs  were  cast 
aside  or  else  modified.  Written  literature  became  a  pos- 
sibility and  a  necessity,  as  the  social  and  religious  life  of 
the  nation  became  more  complex  and  the  laws  regulating 
it  multiplied.  Powerful  influences  from  without  and  active 
forces  from  within  hastened  the  growth  of  political  and 
social  institutions.  It  was  naturally  during  this  period  of 
marked  national  development,  which  continued  until  the 
Babylonian  exile,  that  most  of  Israel's  penal  and  civil 
laws  attained  their  final  form. 
(^)  The  ex.  The  exile  and  the  succeeding  centuries,  which  brought 
monial  '^"**  to  the  Jews  no  deliverance  from  foreign  bondage,  checked 
the  development  of  secular  and  accelerated  the  growth 
of  religious  institutions.  The  third  stage,  therefore,  in 
Israel's  history  was  in  many  ways  unique.  The  nation 
was  bound  hand  and  foot.  As  a  result  its  attention  was 
intently  fixed  upon  its  past  and  upon  its  future,  both  of 
which  it  idealized.  Its  energy  was  devoted  to  expanding 
the  ritual  and  the  ceremonial  laws,  whereby  it  sought  to 
win  Jehovah's  favor  and  to  secure  the  realization  of  its 
ideals.  The  thought  and  activity  of  the  race  was  centred 
in  the  temple  and  its  service.  The  hierarchy,  which  pre- 
sided over  it,  absorbed  in  fact,  as  well  as  in  the  minds  of 


Israel* s  Lawgivers  Introduction 

the  people,  the  prerogatives  once  enjoyed  by  the  mon- 
archy. So  highly  were  the  ceremonial  institutions  and 
laws  of  this  later  period  esteemed  that  they  were  thought 
of  as  ever-existent,  and  therefore  supported  by  the  author- 
ity of  the  revered  past  and  especially  by  that  of  the  tra- 
ditional founder  of  the  nation,  whom  later  generations — 
not  without  reason — came  to  regard  as  the  father  of  all 
Israelitish  law. 

In  order  rightly  to  understand  the  growth  of  Israel's  influence  of 
institutions  it  is  also  necessary  to  remember  that  the  f^J  dviUz™* 
Hebrews  were  among  the  youngest  of  the  Semitic  peo-  t'onsupon 

1  j.r  i-.-r  ,  Israelitish 

pies,  and  therefore  the  mheritors  of  at  least  twenty  cen-  institutions 
turies  of  earlier  civilization.  The  magnitude  of  their 
debt  to  the  nations  which  antedated  them  and  became 
their  teachers  is  undoubtedly  far  greater  than  has  hitherto 
been  imagined.  Most  of  the  institutions  and  laws  re- 
corded in  the  Old  Testament  can,  in  the  light  of  modern 
historical  investigations,  be  paralleled  by  examples  drawn 
from  ancient  Babylonia,  Egypt,  or  Phoenicia.  Especially 
is  this  true  in  the  case  of  ceremonial  usages.  The  rite  of  cir- 
cumcision, the  sacrifice  of  the  firstlings,  of  the  first-fruits, 
of  certain  clean  animals,  of  unleavened  bread,  and  of  in- 
cense, the  use  of  arks  and  altars  in  the  sacred  service,  and 
the  observation  of  certain  annual  festivals  all  appear  to 
have  been  practised  long  before  the  days  of  Moses.  The 
uniqueness  of  Israel's  legislation  is  to  be  found  not  in  the 
form  but  in  the  spirit  and  content  of  the  individual  institu- 
5 


Introduction 


The  Messages  of 


Early  Sem- 
itic ances- 
tors 


tions.  That  the  Israelites  derived  many  of  these  customs 
from  the  older  Semitic  peoples,  with  whom  they  came  at 
different  times  into  intimate  contact,  is  clear  in  the  light 
of  history.  In  common  with  the  other  nomadic  inhab- 
itants of  the  desert,  they  inherited  most  of  those  which 
obtained  among  them  during  the  first  stage  of  their  his- 
tory from  their  Semitic  ancestors,  who  from  prehistoric 
times  had  found  their  home  in  Arabia.  When  they  be- 
Canaanites  Came  masters  of  Canaan,  the  half-civilized  conquerors 
were  taught  by  the  conquered  Canaanites,  who  for  ten 
centuries  had  been  absorbing  the  civilization  of  Babylonia 
and  Egypt.  After  the  old  Canaanitish  population  had 
been  completely  assimilated,  their  kinsmen,  the  Phoeni- 
cians, remained  to  instruct  the  Hebrews  not  only  in  the 
arts  of  architecture  and  literature,  but  also — as  the  ser- 
mons of  the  pre-exilic  prophets  clearly  demonstrate — to 
initiate  them  still  further  into  the  rites  of  their  debasing 
religion. 

Later  the  Assyrian  conquerors  of  Palestine  brought 
thither  highly  developed  alluring  religious  customs  and 
ideas,  which  they  always  sought  to  impress  upon  the  con- 
quered and  which  the  Hebrews  were  not  slow  in  imitat- 
ing and  adopting.  Ahaz,  for  example,  did  not  hesitate 
to  change  the  form  of  the  great  altar  at  Jerusalem  to 
make  it  conform  to  a  style  which  he  had  seen  while  pay- 
ing court  to  his  Assyrian  master  at  Damascus,  and  to 
introduce  other  radical  innovations  in  the  ritual  of  the 
6 


Assyrians 


IsraeVs  Lawgivers  Introduction 

temple  (2  K.  16).  Manassah  went  so  far  as  to  institute 
not  only  the  ceremonial  forms  but  also  the  worship  of  the 
gods  of  the  Assyrians. 

Writers  like  Ezekiel  show  that  the  imposing  ritual  of  Babylo- 
Babylon,  a  century  and  a  half  later,  made  a  deep  impres-  "'*"* 
sion  upon  the  minds  of  the  Jewish  exiles.  A  comparison 
of  the  usages  of  the  Jews  and  Babylonians  reveals  the 
extent  of  the  influence  which  was  then  exerted  upon  the 
still  plastic  ritual  of  Israel.  The  result  was  a  composite, 
including  elements  old  and  new,  native  and  foreign.  Hence 
as  the  heir  and  disciple  of  the  most  advanced  nations  of 
antiquity,  Judaism  in  time  possessed  a  body  of  institu- 
tions greatly  diversified. 

P'rom  within  the  nation,  however,  came  the  powerful  influences 
influences  which  made  Israel's  laws  a  guide  and  inspira- de^ioping 
tion  for  all  later  ages.     Its  history  abounds  in  illustrations  ^°ousne^' 
of  the  developing  moral  consciousness  of"  the  race.     An 
early  age  looked  with  complacency  upon  the  slaughter  of 
captives  in  war  (i  S.  15  :  18  ;   2  S.  8  :  2),  while  a  later 
condemned  it,  even  if  the  offenders  were  heathen  (Am.  i). 
The  law,  "  An  eye  for  an  eye,"  of  the  primitive  period 
was  supplanted  by  the  command  to  love  and  serve  even 
an  enemy  (Lev.  19  :  18).     In  the  earlier  days  resident 
aliens  enjoyed  little  protection  ;  but  in  the  latest  Israelitish 
laws  they  are  admitted  to  full  political  and  religious  rights, 
and  the  Jews  are  commanded  to  love  them  as  they  do 
themselves  (Lev.   19  :  34).    The  lot  of  the  slave  was  also 
7 


Introduction  The  Messages  of 

constantly  ameliorated,  as  the  moral  standards  of  the 
nation  were  raised.     While  these  substantial  advances 
were  shared  in  part  with   other  contemporary  nations, 
the  Israelites  appear  to  have  been  the  pioneers  in  develop- 
ing these  humanitarian  motives. 
Teachings         Underlying  all  that  is  new  and  progressive  in  Israel's 
?h^pToph°    institutions,  are  the  revolutionizing  principles  enunciated 
®'*  by  its  prophets.     They  represented  the  enlightened  con- 

science of  the  race.  Through  their  receptive  minds  Je- 
hovah brought  to  expression  messages,  which  he  was 
gradually  revealing  to  the  heart  of  the  nation. 

As  a  rule  a  new  principle  must  first  be  formulated  by 
some  individual  or  group  of  thinkers,  and  then  adopted 
by  at  least  the  leaders  of  the  people  before  it  is  incor- 
porated in  national  institutions  and  laws.     The  first  stage 
is  in  many  ways  the  most  important.     Truth,  clearly  pro- 
claimed, sooner  or  later  commands  popular  acceptance. 
Once  generally  recognized,  it  inevitably  moulds  institu- 
tions.    Laws  represent  the  exact  formulation  and  applica- 
tion of  principles  to  specific  conditions.     The  work  of 
Relation  of  both  is  essential  to  the  development  of  a  nation,  but  that 
the  pro^ets  o^  ^hc  prophcts  calls  for  rarer  and  diviner  qualities  than 
the  kw°^      that  of  the  lawmakers.     The  prophets  were  ever  strug- 
makers        gHug  to  attain  absolute  truth,  or,  as  they  would  have  ex- 
pressed it,  to  know  completely  the  character  and  will  of 
the  Divine  and  to  realize  it  in  the  life  of  their  nation. 
Personal  interests,  recognized  authorities,  and  established 
8 


IsraeVs  Lawgivers  Introduction 

traditions  could  not  divert  them  from  their  noble  aim. 
The  men,  however,  who  formulated  Israel's  laws  were 
more  or  less  influenced  by  all  of  these  forces.  A  law  to 
be  effective  cannot  ignore  existing  conditions.  Prece- 
dents must  also  be  regarded.  The  Orient  has  always 
been  tenacious  of  existing  customs,  and  the  Israelites  from 
the  first  were  possessed  of  a  body  of  institutions  inherited 
from  the  Semitic  past.  An  historical  study  of  their  laws 
demonstrates  that  progress  was  usually  made  by  modify- 
ing rather  than  by  abrogating  existing  usages.  The  in- 
fluence which  led  to  this  modification  is  almost  always 
traceable  to  the  teachings  of  the  prophets.  Ezekiel  rep- 
resents the  combination  of  both  prophet  and  lawmaker. 
First  by  word  of  mouth  and  by  written  tract  he  pro- 
claimed Jehovah's  holiness  and  his  gracious  purpose  to 
be  realized  in  the  history  of  the  race ;  then  he  embodied 
these  truths  in  a  system  of  laws  (Ezek.  40  to  48).  Many 
old  institutions  reappear  in  the  same  or  slightly  modified 
form ;  while  the  laws  as  a  whole  aim  to  emphasize  con- 
cretely and  objectively  the  prophetic  principle  that  Jeho- 
vah is  holy  and  demands  the  homage  of  a  holy  people. 

Thus   in  all  Israelitish  legislation  the  two  prominent  Divine  ele- 
elements  are  (i)  usages  inherited  or  else  derived  from  j^*"*  "*  ^* 
other  peoples,  and  (2)  prophetic  doctrines,  practically  ap- 
plied or  illustrated.     Underlying  all  the  legal  systems  of 
the  Old  Testament  are  a  few  principles  which  constitute 
their  "  spirit."    Later  Judaism  made  the  fatal  mistake  of 

9 


Introduction  The  Messages  of 

losing  sight  of  this  in  its  zeal  for  the  "  letter."  In  the 
ultimate  analysis  the  permanent  value  of  Israel's  laws  is 
found  in  the  divinely  revealed  truths  which  they  vividly- 
and  forcibly  present. 
The  origin  Analogies  drawn  from  the  history  of  other  primitive 
of  law  ^  peoples  and  indications  found  in  the  Old  Testament  sug- 
gest the  detailed  process  whereby  Israel's  oldest  laws 
came  into  existence.  The  Hebrew  word  for  law,  torah, 
comes  from  a  root  originally  meaning  to  throw  or  cast, 
and  then  to  direct  or  point  out.  It  therefore  at  first  meant 
a  pointing  out,  a  direction,  an  authoritative  decision,  ren- 
dered in  the  name  of  the  deity  and  probably  determined 
by  the  use  of  the  sacred  lot  or  arrows.  Hence  the  direc- 
tions or  decisions,  given  by  ancient  judges  who  consulted 
the  deity  or  else  represented  him,  constitute  the  original 
germ  of  all  Hebrew  legislation.  This  conclusion  is  es- 
tablished by  the  history  of  the  other  synonym  for  law, 
mz'shpat,  which  originally  designated  an  individual  de- 
cision, then  a  decision  later  regarded  as  a  precedent.  In 
time  the  word  was  also  used  to  designate  a  custom,  and 
finally  a  law.  It  suggests  the  successive  stages  in  the 
growth  of  a  law.  As  questions  of  dispute  arose  they 
were  referred  to  the  authoritative  judges :  elders,  chief- 
tains, kings  or  priests.  Naturally  their  decisions  became 
precedents,  and  after  the  same  decision  had  been  re- 
peatedly rendered  in  similar  cases,  it  established  a  cus- 
tom.    Custom  readily  attained  the  authority  of  a  law. 

lO 


IsraeVs  Lawgivers  Introduction 

The  final  stage  was  reached  when  causes  became  effec- 
tive which  led  to  the  preservation  of  the  law  in  written 
form.  These  processes  can  be  clearly  traced  in  the 
history  of  most  primitive  peoples  (cf.  Maine,  "  Ancient 
Law,"  p.  4  f.). 

One  of  the  oldest  prophetic  narratives  of  Exodus  (i8  :  illustration  ' 
13-27)  illustrates  this  process  and  also  throws  clear  light  ^J  I'^w  °"*^ 
upon  the  exact  nature  of  Moses'  relation  to  Israelitish 
legislation.  It  represents  him  as  beset  from  morning  until 
night  by  the  Israelites,  eager  to  secure  from  him  authori- 
tative decisions  regarding  the  many  questions  of  dispute 
which  arose  among  them.  To  his  father-in-law  he  de- 
clared :  "  The  people  come  to  me  ;  and  I  judge  between 
a  man  and  his  neighbor  and  I  make  them  know  the 
statutes  of  God  and  his  directions  {torotk)."  By  these 
verbal  decisions  Moses  was  establishing  precedents  which 
naturally  constituted  the  basis  of  later  customs  and  laws. 
At  the  suggestions  of  Jethro,  he  appointed  to  judge  ordi- 
nary cases,  which  could  easily  be  decided  in  harmony  with 
precedents  already  laid  down  by  him,  reliable  men  familiar 
with  the  principles  of  justice.  "  Hard  cases,"  which  could 
not  be  judged  in  the  light  of  precedents,  were  still  referred 
to  him.  Jethro's  advice  to  Moses  in  this  connection  re- 
veals both  the  theory  and  fact  in  regard  to  the  origin  of 
early  law:  "Be  thou  for  the  people  to  Godward  (?>., 
stand  as  God's  representative),  and  bring  thou  the  causes 
unto  God  ;  and  (thus)  thou  shalt  teach  them  the  statutes 
II 


Introduction  The  Messages  of 

and  directions  (or  laws,  tor  oik),  and  shalt  show  them  the 
way  wherein  they  must  walk,  and  the  work  which  they 
Moses*  must  do."  Thus  the  oldest  sources  imply  that  in  this  con- 
thlr?aw*°  Crete  form,  through  decisions,  called  forth  by  questions 
which  were  constantly  arising  among  the  people,  Moses 
taught  them  "  the  statutes  and  laws  "  which  were  to  guide 
them  in  their  individual  and  national  life.  The  repre- 
sentation is  in  perfect  harmony  with  the  character  and 
work  of  the  great  prophet-leader,  as  portrayed  elsewhere 
in  the  oldest  traditions  and  confirmed  by  the  course  of 
later  Israelitish  history.  It  is  also  consonant  with  the 
conditions  which  prevailed  during  the  first  stage  of  the 
nation's  development.  Before  their  leader  cases  were 
naturally  laid  for  arbitration,  precisely  as  they  were  re- 
ferred in  later  Hebrew  history  to  Saul  and  David,  or  as 
they  are  to-day  in  the  desert  brought  before  the  head  of 
the  tribe.  The  fact  that  Moses  was  a  prophet  and  also 
the  guardian  of  Jehovah's  oracle  enabled  him  to  judge 
Later  ten-  with  God-given  authority.  Precedents  established  by  him 
attriSute  aU  ^"^  ^^^  usages  which  were  based  upon  them  were  re- 
laws  to  him  garded  as  coming  directly  from  Jehovah.  Naturally,  when 
in  time  these  principles  and  usages  were  recorded  in  writ- 
ten laws,  adapted  to  later  conditions,  they  were  all  con- 
sidered to  have  been  revealed  by  Jehovah  through  Moses. 
It  was  perhaps  inevitable  that  later  generations  should 
express  this  belief  in  naive  and  impossible  forms  and  rep- 
resent the  great  leader  as  presenting  in  its  completeness 

12 


IsraeVs  Lawgivers  Introduction 

the  entire  system  of  legislation  with  its  various  codes, 
adapted  to  the  conditions  peculiar  to  succeeding  ages. 
The  Old  Testament  and  extra-biblical  literature  contain  oth«5r 
many  analogies.  Solomon  is  designated  in  the  opening  *"^°*^" 
verses  of  Proverbs  as  the  author  of  the  entire  book,  al- 
though it  contains  repeated  statements  that  it  represents 
the  work  of  many  other  wise  men  who  lived  centuries 
after  the  days  of  the  king  who  figured  in  tradition  as  the 
patron  of  all  wisdom  literature.*  Similarly  a  late  Jewish 
writing  bears  the  title  "  Wisdom  of  Solomon,"  although 
no  one  seriously  maintains  that  he  was  its  author.  The 
Book  of  Ecclesiastes  with  its  implication  of  Solomonic 
authorship  is  another  illustration.  The  corresponding 
tendency  in  succeeding  generations  to  attribute  all  the 
psalms  to  David  is  well  known,  although  the  tradition  is 
not  supported  by  the  testimony  either  of  the  superscrip- 
tions or  by  the  internal  evidence  found  in  the  psalms 
themselves. 

The  tradition,  however,  which  associates  the  name  of  Basis  of  fact 
Moses  with  Israelitish  legislation  as  a  whole,  appears  to  SJ.  "iditfon 
rest  upon  a  very  substantial  basis  of  fact.    Far  greater  is  aut^o^'-L 
the  work  of  the  man  who  makes  history  than  that  of  the 
man  who  merely  records  it.    The  effective  proclaiming  of 
new  principles  is  much  more  important  than  the  embody- 
ing of  the  same  in  detailed  laws.   Until  a  nation  is  created, 
it  can  have  no  permanent  institutions  and  legislation.    As 

}  Kent,  Wise  Men  of  A  ncient  Israel  and  their  Proverbs. 
13 


Introduction  The  Messages  of 

the  inspired  leader,  who  evolved  a  nation  out  of  the  horde 
of  serfs  in  Egypt  and  the  antagonistic  desert  tribes,  Moses 
was  in  a  very  real  sense  the  father  of  Israel's  institutions 
and  laws.  Furthermore,  as  a  prophet,  he  appears  to  have 
enunciated  the  germinal  principles  which  underlie  them 
and,  as  a  judge,  he  practically  applied  these  to  the  prob- 
lems of  individual  and  national  life,  thereby  establishing 
precedents,  which  soon  crystallized  into  customs  and  then 
became  the  basis  of  later  legislation.  Whether  or  not  he 
actually  formulated  any  of  the  many  laws  found  in  the 
Old  Testament  will  probably  never  be  absolutely  proved 
or  disproved.  The  question  is  unimportant.  We  do  not 
possess  a  written  word  from  the  Founder  of  Christianity. 
The  essential  fact  is  that  Moses  called  into  being  forces 
that  ultimately  produced  Israel's  laws  and  in  a  most  con- 
crete manner  established  the  guiding  norms  according  to 
which  they  were  to  be  shaped.  While  modern  biblical 
students  cannot  accept  all  the  theories  set  forth  by  later 
Judaism  regarding  the  detailed  methods  in  which  the  Old 
Testament  codes  came  into  existence  and  assumed  their 
present  written  form,  they  unite '  in  recognizing  the  great 
importance  of  the  work  of  Moses,  and  that  the  term 
•'  Mosaic,"  as  applied  to  Israelitish  legislation,  emphasizes 
a  real  and  vital  truth. 

1  For  Professor  Cheyne's  theory,  which  on  exceedingly  doubtful  grounds 
would  make  Moses  a  tribe  rather  than  an  individual,  cf.  Ettcyc.  Biblical 
iii.,  3203-19. 

14 


Israel's  Lawgivers  Introduction 

II 

THE    RECORD    OF    ISRAEL'S   LAW 

The  legal  material  of  the  Old  Testament  is  found  in  its  Present  lit- 
first  five  books,  interwoven  with  ancient  songs,  prophetic  ^^  ^^^' 
traditions  and  glowing  exhortations.     It  consists  of  dec- 
alogues, disconnected  laws,  developed  codes,  traditional 
precedents,  and  histories  of  the  origin  of  institutions.     Its 
present  literary  setting  is  the  result  (i)  of  the  later  ten- 
dency to  associate  all   laws  with  the  name  and  age  of 
Moses,  and  (2)  to  the  fact  that  the  canon  of  the  law  was 
first  to  be  formed.     That  the  five  books  which  constitute 
the  Pentateuch  are  a  literary  composite,  includipg  varied 
material  drawn  from  many  originally  independent  sources, 
is  now  widely  recognized.'      This  discovery  contributes 
greatly  to  the  understanding   and   appreciation  of  their  The  oldest 
real  value.     Embedded  in  their  later  setting  are  long  and  hSorrerof 
exceedingly  valuable  extracts  from  ancient  histories   of  ^^^^'^^•  Jeho- 

°  ■'  VlStlC 

Israel.  The  oldest,  that  usually  designated  as  the  Jehovis- 
tic  (J)  because  it  employs  Jehovah  as  the  name  of  the 
deity,  is  from  the  hand  of  a  prophet  or  group  of  prophets. 

»  For  the  detailed  reasons,  cf.  McFadyen,  Messages  of  the  Prophetical 
and  Priestly  Historians,  5-20;  Carpenter  and  Harford- Battersby,  Tht 
Hexateuch,  L;  Driver,  Introduction  to  the  Literature  0/  the  Old  Testa' 
ntent,  6th  ed.,  1-99. 

15 


.  Introduction  The  Messages  of 

The  style  is  flowing,  picturesque  and  concrete — that  of 
the  popular  story-teller  who  seeks  to  hold  the  attention  of 
his  readers.  At  the  same  time  in  the  choice  of  material 
and  in  the  exalted  religious  lesson  which  each  incident 
teaches  the  prophetic  purpose  is  revealed.  Interest  cen- 
tres in  Judah,  indicating  that  the  authors  of  this  connect- 
ed group  of  prophetic  narratives  lived  in  the  southern 
kingdom  ;  and  internal  evidence  points  to  the  period  be- 
tween 850  and  800  B.  C.  as  the  date  at  which  they  lived 

Elohistic  and  wrote.  Closely  corresponding  in  style,  point  of  view 
and  aim,  and  yet  sufficiently  different  to  be  clearly  dis- 
tinguished, are  the  quotations  from  the  parallel  northern 
Israelitish  prophetic  group  of  narratives,  which  sketch 
Israel's  origin  and  life  as  a  nation  from  the  patriarchal 
period  to  the  conquest  of  Canaan.  Because  of  the  pre- 
vailing use  of  the  term  Elohim  to  designate  the  deity,  it  is 
called  the  Elohistic  prophetic  history,  and  comes  apparent- 

Deutero-      ly  from  a  slightly  later  period  (about  750  B.  C).     Distinct 

nonuc  ^j^^  yg^  analogous  in  style,  theme  and  purpose  is  the  third 

prophetic  group  of  writings  (D)  now  found  in  the  Book 
of  Deuteronomy.  Here  the  small  group  of  laws  incor- 
porated in  the  earlier  prophetic  histories  (JE)  are  ex- 
panded so  that  in  quantity  they  surpass  the  narrative 
material. 

Priestly  In  the  fourth  and  latest  continuous  history  of  Israel, 

the  legal  style  and  point  of  view  succeed  the  prophetic. 
In  the  later  period  of  Jewish  history  from  which  it 
16 


Israel's  Lawgivers  Introduction 

comes,  the  priest  attained  to  the  position  of  commanding 
authority  formerly  held  by  the  prophet.  Hence  it  is  called 
the  priestly  history  (P).  All  interest  is  centred  in  the 
law.  The  comparatively  meagre  narrative  material  for 
the  most  part  consists  either  of  histories  of  legal  institu- 
tions or  else  of  the  traditional  settings  given  to  important 
codes.  In  this  priestly  group  of  traditions  and  laws  the 
work  of  many  different  writers  can  be  recognized.  It  is 
the  literary  product  of  the  distinctively  legal  and  ceremo- 
nial period  which  began  with  the  destruction  of  the  He- 
brew monarchy  and  temple  by  Nebuchadrezzar  in  586 
B.  C.  and  continued  until  the  completion  of  the  canon  of 
the  law  after  the  days  of  Nehemiah.  Extracts  from  it 
are  incorporated  with  those  from  the  Jehovistic  and  Elo- 
histic  prophetic  histories  in  the  books  of  Genesis,  Exodus 
and  Numbers ;  while  it  furnishes  all  the  material  found 
in  the  Book  of  Leviticus. 

Fortunately,  as  the  result  of  two  or  three  centuries  of  Basis  of  the 
careful  consideration  of  the  cumulative  evidence,  critical  iJaTciassS- 
scholars  of  all  Christian  lands  are  in  practical  agreement  ^'^^^^ 
regarding  the  analysis  of  the  Pentateuch  into  its  original 
component  parts.     In  this  volume  these  conclusions  are 
adopted  as  a  working  basis.     For  the  detailed  evidence, 
linguistic,  historical,  literary  and  religious,  which  in  each 
case  has  determined  the  division,  the  reader  is  referred  to 
the  standard  works  described  in  the  Appendix. 

A  classification,  similar  to  the  one  attempted  in  this 
17 


Introduction  The  Messages  of 

Eridence  volume,  is  the  most  conclusive  proof  that  the  laws  of  the 
tateuch  con-  Old  Testament  come  from  many  different  writers  and 
dlstincf^"^^  P^^'o^s  of  Israel's  history.  The  legal  books  record  its 
codes  com-    institutional  and  ceremonial  life,  precisely  as  the  historical 

ing  from  dif-  ^  •' 

ferent  present  the  political,  and  the  prophetic  the  inner  social 

and  religious  development  of  the  nation.  Israel's  religion 
and  institutions  developed  gradually  and  progressively ; 
so  also  its  laws.  The  differences  and  inconsistencies, 
which  appear  when  the  different  laws  are  compared,  are 
the  indisputable  evidences  of  life  and  growth.  The  same 
enactments,  expressed  in  precisely  the  same  terms,  are 
sometimes  repeated  twice  and  even  three  times  {e.g.,  cf. 
Ex.  23  :  19b  ;  34  :  26b  ;  Dt.  14  :  21c).  This  otherwise  in- 
explicable phenomenon  is  fully  explained  when  it  is  recog- 
nized that  they  were  incorporated  in  originally  distinct 
codes,  which  later  editors  have  introduced  partially  or 
wholly  into  the  present  version  of  the  Pentateuch.  Many 
examples  are  also  found  of  the  same  legal  principle  ex- 
pressed in  slightly  different  language,  precisely  as  the 
gospels  present  variant  versions  of  the  teachings  of  Jesus. 
In  other  cases  a  simple  law  is  elsewhere  expanded  so  as 
to  apply  to  a  variety  of  specific  conditions.  The  clearest 
evidence  that  the  pentateuchal  legislation  contains  inde- 
pendent codes,  representing  different  stages  in  Israel's 
ethical  and  religious  development,  is  found  in  those  laws 
which  declare  illegal,  usages  recognized  as  legitimate  or 
else  commanded  in  earlier  enactments.  Thus  the  older 
18 


IsraeVs  Lawgivers  Introduction 

prophetic  narrative  represents  the  patriarchs  as  offering 
sacrifices  at  many  different  places  {e.g..  Gen.  12:7;  1 3  •  4  J 
26:25;  31  :  54)  and  of  thereby  winning  Jehovah's  ap" 
proval.  Exodus  20  :  24  commands,  "  An  altar  of  earth 
thou  shalt  make  unto  me,  and  shalt  sacrifice  thereon  thy 
burnt  offerings,  .  .  .  ;  in  every  place  where  I  cause 
my  name  to  be  remembered  I  will  come  unto  thee  and 
bless  thee."  The  law  still  further  enacts  that  an  altar  of 
unhewn  stone  may  be  substituted  for  the  earth-altar. 
Almost  every  detail  of  this  law  is  set  aside  elsewhere  in 
the  Pentateuch.  Throughout  Deuteronomy  12  and  fol- 
lowing the  command  is  distinctly  and  repeatedly  laid 
down  that  only  in  the  holy  habitation  which  Jehovah 
chooses  as  his  own,  that  is  at  the  temple,  may  sacrifice  be 
performed.  All  sacrifice  at  the  other  sacred  places  where 
he  "  has  caused  his  name  to  be  remembered  "  is  expressly 
forbidden  (Lev.  17  :  5-7).  Furthermore  the  altar  at  the 
sanctuary  was  to  be  made  not  of  earth  or  unhewn  stone 
but  of  wood  overlaid  with  bronze  (Ex.  27  :  1-8).  Priests, 
not  the  offerers,  also  play  the  most  important  role  in  pre- 
senting the  various  sacrifices  to  Jehovah  (Lev.  i  to  7). 
The  later  distinction  between  the  priests  and  Levites  is 
unknown  to  a  large  body  of  laws,  which  evidently  come 
from  a  period  in  Israel's  history  previous  to  the  Baby- 
lonian exile,  when  that  division  was  first  instituted.  Strik- 
ing differences  of  style  and  vocabulary  likewise  distin- 
guish certain  laws  and  groups  of  laws  from  others. 
19 


Introduction  The  Messages  of 

Gradual  de-  Guidcd  by  thesc  many  indications  and  by  the  evidences 
of  fsS's  in  Israel's  history  of  a  gradual  unfolding  of  institutions,  it 
written  laws  j^  possible,  not  Only  to  recognize  the  different  groups  of 
laws  or  codes,  but  also  to  determine  their  approximate 
order  and  dates.  Repetitions  and  contradictions  find  their 
complete  explanation  and  interpretation  when  once  the 
laws  are  classified  chronologically.  The  acorn  is  very 
different  from  the  oak,  but  both  are  forms  of  the  same 
life.  Thus  the  law  restricting  sacrifice  to  one  place 
was  the  natural  outgrowth,  under  the  influence  of  new 
principles  and  needs,  of  the  primitive  enactment  which 
assumed  the  legitimacy  of  many  altars.  In  Israel's  legis- 
lation the  divine  purpose  was  gradually  and  progressively 
revealed  even  as  in  its  history  and  institutions.  The  mes- 
sage is  all  the  more  effective  because  presented  in  a  man- 
ner supremely  divine  and  yet  intelligible  to  the  human 
mind ;  through  scores  of  inspired  men  rather  than  through 
one ;  and  during  eight  centuries  rather  than  in  one  gener- 
ation. No  less  than  the  Jewish  editors,  who  gave  the 
Old  Testament  laws  their  present  setting,  do  modem  stu- 
dents of  human  history  and  God's  universe  recognize  that 
he  "  moves  in  a  mysterious  way  his  wonders  to  perform." 
Sources  of  It  is,  however,  not  merely  the  attestation  of  Moses,  but 
thority"*  ^he  truth  of  the  principles  which  they  contain  and  their 
application  to  human  life,  which  give  a  divine  authority 
to  the  laws  of  the  Old  Testament,  The  freedom  with 
which  Jesus  condemned  certain  of  them,  as  for  example 
20 


Israel's  Lazvgivers  .  Introduction 

the  primitive  law,  "  an  eye  for  an  eye  and  a  tooth  for  a 
tooth,"  and  endorsed  others  shows  clearly  that  he  recog- 
nized that  they  represented  a  progressive  development, 
not  altogether  complete.  His  statement  that  he  came  not 
to  destroy  but  to  fulfil,  that  is  to  make  the  law  perfect  and 
complete,  implies  its  incompleteness.  He  set  an  example 
to  all  later  searchers  for  truth  in  emphasizing,  not  the  tra- 
ditional authority,  but  the  intrinsic  value  of  each  individ- 
ual command. 


Ill 

THE    PRIMITIVE    CODES 

Among  the  Hebrews,  as  among  all  primitive  people  The  earliest 
still  in  the  nomadic  stage,  custom  and  the  privilege  of  re-  whkh"  ro- 
ferring  difficult  questions  of  dispute  to  Jehovah  through  fen^jawT"*" 
their  prophetic  or  priestly  judges  satisfied  all  popular  de- 
mands for  law.    The  character  of  Israel's  oldest  codes 
and  the  conditions  of  the  early  period  indicate  that  the 
need  for  written  laws  was  comparatively  late  and  felt  first 
by  its  teachers  and  judges  rather  than  by  the  nation  as  a 
whole.     Analogous  motives  and  results  might  be  traced 
in  the  history  of  other  ancient  nations.      Concise  and 
easily   remembered    laws   furnished    the    most  effective 
method  of  impressing  upon  the  minds  of  the  people  cer- 

21 


Introduction  The  Messages  of 

tain  fundamental  principles  and  provided  the  surest  guar- 
antee of  tlieir  universal  application.  Possibly  they  were 
first  simply  inscribed  upon  the  popular  memor)'  and  not 
until  later  generations  committed  to  writing.  Deuteron- 
omy 27 :  11-26  contains  a  good  example  of  this  method 
of  inculcating  moral  principles.  Before  the  assembled 
nation  the  priests  were  to  pronounce  a  curse  upon  anyone 
committing  certain  specific  crimes,  like  making  graven  or 
molten  images,  or  removing  a  landmark,  and  the  people 
were  to  respond,  "  Amen."  As  soon  as  writing  became 
a  common  medium  of  communication  fundamental  com- 
mands of  this  character  would  assume  literary  form. 
Since  ten  (including  fractions  and  multiples  thereof)  was 
a  f  vorite  unit  with  the  Hebrews,  these  appear  as  deca- 
logues, groups  of  ten  brief,  sententious  commands. 
The  oldest  It  is  natural  to  look  for  the  earliest  laws  in  the  oldest 
decalogue  5^^.^,^^  ^y^^  Jehovistic  prophetic  history.  As  might  be  ex- 
pected, the  amount  of  legal  material  therein  contained  is 
small.  In  Exodus  34  :  10-26,  however,  a  Jehovistic  writer 
has  preserved  a  decalogue,  the  contents  of  which  confirm 
the  implication  of  its  setting.  In  its  simple  form,  divested 
of  what  appears  to  be  later  explanatory  and  hortatory  ad- 
ditions, it  reads : 

1 .  Thou  shalt  worship  no  other  God. 

2.  Thou  shalt  make  thee  no  molten  gods. 

3.  The  feast  of  unleavened  bread  shalt  thou  keep. 

22 


JsraeVs  Lawgivers  Introduction 

4.  Every  firstling  is  mine. 

5.  Thou  shalt  not  appear  before  me  empty. 

6.  Six  days  shalt  thou  work,  but  on  the  seventh  thou 

shalt  rest. 

7.  Thou  shalt  observe  the  feast  of  weeks  and  of  ingather- 

ing at  the  end  of  the  year. 

8.  Thou  shalt  not  offer  the  blood  of  my  sacrifice  with 

leaven ;  nor  shall  the  fat  of  my  feast  be  left  until 
the  morning. 

9.  The  best  of  the  first-fruits  of  thy  land  shalt  thou  bring 

to  the  house  of  Jehovah,  thy  God. 
10.  Thou  shalt  not  seethe  a  kid  in  its  mother's  milk.* 

In  keeping  with  the  primitive  conception  that  religion  Date  and 
consists  of  ceremonial  acts,  the  emphasis  is  laid  on  forms  *"'  °"  '** 
of  worship  rather  than  upon  moral  duties.  With  the  pos- 
sible exception  of  the  first  commandment,  the  single  pre- 
cepts of  this  decalogue  do  not  differ  in  general  character 
from  those  which  were  current  among  the  early  Semitic 
neighbors  of  the  Hebrews.  The  second  does  not  neces- 
sarily condemn  idolatry,  but  simply  the  expensive  idols, 
made  of  silver  or  gold  or  else  of  wood  overlaid  with  gold, 
which  probably  at  the  stage  in  Israelitish  culture  repre- 
sented by  this  decalogue  could  be  produced  only  by  for- 
eign workmen.  It  has  also  been  plausibly  suggested  that 
the  command  to  keep  the  feast  of  unleavened  bread,  which 

»  Cf.  also  Wellhausen,  Israel,  und  JUd.  Gesch.,  4,  100,  foot-note. 
23 


Introduction 


The  Messages  of 


Other 
parallels 


The  pro- 
phetic dec- 
alogue of 
Exodus  20 


is  an  agricultural  regulation,  displaced  an  original  nomadic 
command  to  observe  the  passover.'  If  so,  seven  of  these 
commandments  may  vi^ell  have  come  from  the  nomadic 
period  of  Israel's  history  and  therefore  from  its  great 
leader  Moses,  who  in  moulding  the  nation  would  also  seek 
to  establish  its  religious  practices.  The  remaining  three 
clearly  contemplate  agricultural  conditions,  for  the  nomad 
can  never  rest  from  the  care  of  his  flocks,  nor  does  he  ob- 
serve agricultural  feasts,  and  bring  first-fruits  to  an  estab- 
lished sanctuary.  It  is  not  impossible,  however,  that  these 
are  later  versions  of  commands  originally  applicable  to 
the  days  of  Moses.  At  least  it  is  probable  that  this  little 
code  is  the  earliest  to  be  found  in  the  Old  Testament  and 
may  properly  be  regarded  as  the  nucleus  of  all  later  legis- 
lation. The  other  primitive  laws,  preserved  by  the  Jeho- 
vistic  historian  in  Exodus  13  : 6,  10-13,  are  simply  repeti- 
tions or  expansions  of  the  third  and  fourth  command- 
ments of  this  ancient  decalogue.  Again,  in  the  legal 
material  of  Exodus  20  to  23,  which  is  incorporated  in  the 
Elohistic  prophetic  history,  nearly  every  one  of  its  enact- 
ments is  reiterated  (Ex.  20:23;  23:  12,  15-19).  In 
Deuteronomy  and  again  in  the  Priestly  codes  they  are 
also  reproduced  and  expanded  still  further. 

While  constituting  a  part  of  the  primitive  laws  preserved 
by  the  Elohistic  historians,  the  familiar  decalogue  of  Exo- 
dus 20: 1- 1 7  appears  to  be  considerably  later  than  that 

*  Barton,  Study  of  Semitic  Origins,  294. 
24 


Israel's  Lawgivers  Introduction 

found  in  Exodus  34.    Like  the  older  it  consists  of  ten 
originally  short  commandments,  such  as, 
"  Thou  shalt  not  make  unto  thee  a  graven  image ; 

Remember  the  sabbath  day  to  keep  it  holy ; 

Honor  thy  father  and  thy  mother," 
which  have  been  supplemented  by  later  explanatory  and 
hortatory  additions.  It  emphasizes,  however,  not  ritual- 
istic but  moral  duties.  The  essence  of  the  teachings  of 
prophets  like  Amos,  Hosea  and  Isaiah  is  thus  embodied 
in  vivid,  sententious  maxims.  Some  of  these  commands 
may  represent  principles  laid  down  by  Moses,  as  for  ex- 
ample the  injunctions  not  to  murder,  commit  adultery  or 
steal ;  for  in  regard  to  these  crimes  the  human  conscience 
was  early  awakened ;  but  the  historical  background  of 
most  of  them  is  the  agricultural  life  of  Canaan.  Even  the 
graven  images,  which  the  people  continued  until  a  late 
period  to  retain  as  symbols  of  the  deity,  and  against 
which  such  a  jealous  champion  of  Jehovah  as  the  prophet 
Hosea  raised  no  protest,  but  rather  seems  to  have  re- 
garded as  perfectly  legitimate  (Hos.  3  14),  are  forbidden. 
Commands  like  the  third  and  tenth  also  imply  a  highly 
developed  moral  consciousness,  and  therefore  point  to  a 
late  date.  On  the  other  hand  their  position  in  the  ancient 
prophetic  history  and  the  presence  of  a  variant  version  in 
the  Deuteronomic  code  indicate  that  they  cannot  be  later 
than  about  650  B.  C.  They  probably  assumed  their  pres- 
ent written  form  during  the  eighth  century  before  Christ; 

25 


Introduction  The  Messages  of 

although,  as  has  been  said,  many  of  the  principles  which 
they  emphasize  may  come,  as  their  traditional  setting  sug- 
gests, from  Moses.  That  they  embody  Jehovah's  mes- 
sage through  his  prophet  or  prophets  to  the  Israelitish 
race  and  in  turn  to  humanity  cannot  for  a  moment  be 
questioned. 
Other  Traces  of  other  decalogues  are  found  in  the  Old  Testa- 

eca  ogues    j^^j^j^  Transmission  has  probably  in  some  cases  obscured 
their  original  structure.     To  the  group  of  primitive  com- 
mands intended  for  the  guidance  of  the  people,  belong  the 
ceremonial,  humanitarian  and  religious  injunctions,  found 
in  Exodus  20  :  24-26  and  22  :  18  to  23  :  18. 
Memoranda      The  Other  motive,  which  produced  the  earliest  written 
g°Jidance  of  laws,  was  the  dcsirc  to  provide  uniform  regulations  for  the 
judges         guidance  of  judges.    Exodus  21  is  introduced  by  the  sug- 
gestive superscription :    "  Now  these  are  the  judgments 
which  thou  shalt  set  before  them."    The  laws  which  fol- 
low anticipate  ordinary  crimes  or  cases  of  dispute  and  in- 
dicate the  penalty  which  shall  be  imposed  or  the  ruling 
which  shall  be  rendered  by  judges.     Those  found  in  the 
long  section  Exodus  21:1  to  22  :  17  are  most  of  them 
introduced  by  the  formula,  "  If  so  and  so."   Many  of  them 
Date  contain  evidence  that  at  the  period  when  they  were  writ- 

ten the  Hebrews  were  settled  in  Canaan.  For  example 
the  law,  '*  If  a  man  cause  a  field  or  vineyard  to  be  eaten, 
and  shall  let  his  beast  loose,  and  it  feed  in  another  man's 
field,  of  the  best  of  his  own  field,  and  of  the  best  of  his 
26 


Israel* s  Lawgivers  Introduction 

own  vineyard,  shall  he  make  restitution  "  (Ex.  22  :  5), 
implies  a  settled  agricultural  life.  Social  conditions  are 
also  much  more  complex  and  crimes  are  anticipated  which 
were  unknown  on  the  nomadic  stage.  At  the  same  time 
many  very  early  usages  of  the  Israelites  are  here  reflected, 
— some  of  them  in  all  probability  going  back  to  the  days 
of  Moses.  These  "  judgments,"  together  with  the  other 
laws,  most  of  them  in  decalogue  form,  found  in  the  two 
prophetic  groups  of  narratives,  are  evidently  the  most 
primitive  codes  in  the  Old  Testament.  They  represent 
Israel's  laws  and  institutions  as  they  gradually  unfolded  Period  rep- 
between  the  age  of  Moses  and  that  of  Elijah  (about  1 200  JheTprimitive 
to  800  B.  C).  They  are  in  harmony  with  the  vivid  pict-  *^°'^"- 
ure  of  social  and  moral  conditions  during  this  period 
found  in  the  earliest  historical  records.  They  also  contain 
the  germ  of  the  more  highly  developed  laws  of  the  other 
Old  Testament  codes.  Preserved,  as  they  were,  by  pro- 
phetic historians  whose  interest  in  laws  and  legal  institu- 
tions was  slight,  they  probably  represent  only  a  part  of 
the  larger  body  of  written  or  at  least  traditional  laws  in 
existence  at  the  time.  The  character  of  these  other  primi- 
tive laws,  which  have  been  lost,  can  only  be  inferred  from 
the  form  in  which  they  appear  in  the  later  codes.  The 
primitive  regulations,  which  have  been  retained,  however, 
furnish  a  valuable  basis  for  the  study  of  the  origin  and 
growth  of  Israelitish  institutions  and  ethical  standards. 

27 


Introduction  The  Messages  of 

IV 

THE    DEUTERONOMIC    CODES 

Conditions  The  two  ccnturics  between  800  and  600  B.C.  witnessed 
Tew^^codes  *  great  political,  social  and  religious  changes  in  the  life  of 
necessary  ^^  Israelites.  The  conquering  armies  of  Assyria  revolu- 
tionized the  history  of  the  Palestinian  states  and  brought 
new  and  insidious  temptations  to  the  Hebrews.  During 
this  stirring  period  the  prophets  Amos,  Hosea,  Isaiah  and 
Micah  also  proclaimed  many  new  ethical  and  religious 
principles.  Although  these  made  little  immediate  impres- 
sion upon  the  people  as  a  whole,  they  were  cherished  by 
groups  of  faithful  disciples,  such  as  Isaiah  gathered  about 
him.  His  watchword  was,  "  Bind  thou  up  the  testimony, 
seal  the  law  {iorah,  teaching)  among  my  disciples"  (Isa. 
8  :  16).  Having  transmitted  the  prophetic  truths  to  them, 
he  was  contented  "  to  wait  for  Jehovah."  His  trust  was 
not  in  vain,  although  during  the  reactionary  reign  of  Ma- 
nasseh  for  over  half  a  century  the  prophets  were  silenced 
and  their  teachings  forgotten  by  the  masses,  eager  to  fol- 
low the  lead  of  the  king  in  adopting  the  religious  ideas 
and  customs  of  their  Assyrian  masters.  Israel's  best 
traditions  and  institutions  were  in  great  danger  of  being 
completely  neglected  and  lost.  Experience  had  also 
clearly  demonstrated  that,  if  the  principles,  cherished  by 
the  persecuted  prophetic  party  in  Judah,  were  to  gain 

28 


Israel's  Lawgivers  Introduction 

popular  acceptance,  they  must  be  presented  in  a  form 
sufficiently  concrete  to  affect  the  ordinary  life  of  each  in- 
dividual. Furthermore  it  was  obvious  that  the  earlier 
laws  were  not  sufficient  to  deliver  the  race  from  the  new 
temptations  which  assailed  it.  To  meet  these  new  needs 
and  constrained  by  the  limitations  of  the  situation,  a 
prophet  or  group  of  prophets  devoted  themselves  to  de- 
veloping a  new  code  of  laws  for  the  guidance  of  the  na- 
tion. The  results  of  their  faithful  work  are  preserved  in 
the  Book  of  Deuteronomy. 

A  detailed  comparison  of  these  laws  with  those  found  Their  rel*» 
in  the  primitive  codes  reveals  their  method  and  purpose.  etuHw 
The  older  were  made  the  basis  of  the  new  legislation.  *^°****  -' 
Fully    three-fourths    of  the    enactments    found  in   the 
earlier  codes  are  represented  in  Deuteronomy.  *    Those, 
which  are  omitted,  were  chiefly  of  interest  to  judges,  who 
were  called  upon  to  impose  penalties  for  specific  injuries. 
Their  omission,  as  well  as  many  other  indications,  make 
it  clear  that  the  Deuteronomic  codes  were  intended  for 
the  people  as  a  whole  and  not  for  a  limited  group  within 
the  nation.      Reasons  and  even  exhortations,  intended 
to  insure  the  observance  of  the  laws,  are  frequently  in- 
troduced.    Technicalities  are  excluded.    The  nature  of 
the  penalty  to  be  imposed  is  often  left  to  the  judges. 
Only  a  few  of  the  earlier  laws  are  quoted  literally  (cf.  Ex. 

•  The  chief  exceptions  are  Ex.  21  :  18  to  2a  :  15 ;  22  :  28,  29'».    Cf.  Driver, 
Deuteronomy,  Introd.  iv.-viii. 

29 


Introduction  The  Messages  of 

23  :  19^;  34  :  26b  and  Dt.  14  :  21c).  More  frequently 
only  certain  clauses  are  reproduced  verbally  (cf. ,  e.g.,  Ex. 
23  :  4,  5  and  Dt.  22  :  1-4).  Evidently  there  was  no  slav- 
ish worship  of  the  letter  of  the  older  codes.  Possibly 
versions,  different  from  the  ones  cited  by  the  prophetic 
historians,  were  current.  As  a  rule,  however,  the  purport 
of  the  original  law  is  re-expressed  in  the  language  pecul- 
iar to  the  Deuteronomic  writers,  and  is  supplemented  by 
explanations  and  exhortations  (cf.,  ^.^.,Ex.  21  :  2-7  and 
Dt.  15  :  12-18).  In  some  cases  the  principle  underlying 
the  older  law  is  appropriated  and  differently  applied  (cf . 
Abrogation  Ex.  21  :  1 2- 1 4  and  Dt.  19  :  I -1 3).  Certain  earlier  enact- 
ments, which  were  then  recognized  as  imperfect  or  even 
pernicious  in  their  effects,  were  entirely  abrogated.  Thus 
for  the  law,  which  recognized  the  many  high  places  in 
Israel  (Ex.  20  :  24-26),  was  substituted  one  which  de- 
clared illegal,  sacrifice  or  worship  anywhere  outside  Jeru- 
salem (Dt.  12  :  1-28  ;  15  :  5,  6).  In  this  and  in  many  of 
the  enactments  the  new  principles  enunciated  by  the  great 
prophets  of  the  preceding  century  are  readily  recognized 
(cf.  Hos.  4:13;  12:2;  Isa.  I  :  29).  The  new  codes  are 
permeated  with  the  spirit  of  that  love  for  God  and  man 
which  first  found  complete  expression  in  the  sermons  of 
Hosea.  The  commands  of  the  lawgiver  constantly  merge 
into  the  exhortations  of  the  prophet,  revealing  the  iden- 
tity and  purpose  of  their  authors. 
The  purity  of  that  purpose  and  the  divine  enlighten- 

30 


of  earlier 
enactments 


IsraeVs  Lawgivers  Introduction 

ment  of  the  men  who  prepared  the  Deuteronomic  codes  Reasons  for 
are  fully  demonstrated  by  the  character  of  the  laws  and  SewTaws  in 
by  their  perfect  adaptation  to  the  peculiar  needs  of  the  o^'^jvfjscs** 
Hebrew  race  during  the  latter  part  of  the  seventh  century 
B.  C.  His  message  and  his  ability  to  apply  it  to  life  as  he 
finds  it  are  the  supreme  credentials  of  every  God-sent 
prophet.  Embodying  and  for  the  most  part  simply  re- 
adapting  laws  and  principles,  which  the  traditions  of 
their  age  already  attributed  to  Moses,  the  authors  of  the 
new  codes  were  not  only  justified  but  also  in  a  sense  un- 
der obligation  to  recognize  the  debt  to  the  founder  of  the 
nation.  The  habit  of  putting  into  the  mouths  of  the  an- 
cients, words  which  in  the  thoughts  of  the  later  writers 
were  appropriate  to  a  given  historical  situation  was  ex- 
ceedingly common  and  universally  recognized  as  legiti- 
mate. The  Old  Testament  contains  many  illustrations. 
Noah  is  represented  as  uttering  a  blessing  which  is  an 
epitome  of  the  history  and  relations  existing  centuries  later 
between  the  three  great  races  of  antiquity  (Gen.  9 :  25-27). 
Jacob's  blessing  (Gen.  49)  reflects  conditions  first  realized 
in  Israel's  history  during  the  reign  of  David.  Samuel  in 
the  characteristic  language  of  a  Deuteronomic  writer  is 
made  to  deliver  an  address  portraying  in  unmistakable 
terms  the  characteristics  of  Solomon's  despotic  policy 
(i  S.  8).  To-day  we  do  not  protest  when  a  Shakespeare 
puts  his  own  words  in  the  mouth  of  Mark  Antony.  A 
genuine  basis  of  fact,  common  usage,  and  obvious  practi- 
31 


Introduction  The  Messages  of 

cal  reasons  led  the  authors  of  the  Deuteronomic  codes  to 
give  their  laws  a  Mosaic  setting.  In  an  uncritical  age 
they  were  probably  almost  from  the  first  accepted  as  the 
original  utterances  of  Moses,  although  a  thoughtful  stu- 
dent in  the  past  as  well  as  to-day  could  not  fail  to  recog- 
nize the  incongruity  between  the  minute  enactments,  for 
example,  in  regard  to  the  kingship,  the  temple  or  the  sab- 
batical year,  and  their  desert  background. 
Dates  of  The  exact  date  of  the  Deuteronomic  codes  cannot  be 

nomic*cod«r  determined  absolutely.  The  original  code  is  apparently 
to  be  found  in  chapters  1 2  to  26  and  28  of  Deuteronomy. 
Chapters  5  to  11  are  distinct,  being  expansions  of  the 
theme  suggested  by  the  first  command  of  the  prophetic 
decalogue.  Since  the  original  code  reflects  the  teachings 
of  the  earlier  group  of  prophets  and  the  peculiar  conditions 
induced  by  the  policy  of  Manasseh  it  may  be  assigned  to 
the  latter  part  of  his  reign,  or  the  opening  days  of  Josiah's 
rule.  It  was  evidently  the  "  Book  of  the  Covenant " 
brought  forth  from  the  temple  and  made  the  basis  of  the 
great  reformation  of  621  B.  C.  Every  detail  of  that 
unique  religious  revolution,  as  recorded  in  2  Kings  22  and 
23,  is  in  keeping  with  its  demands.  The  smaller  code 
(5  to  11)  and  other  supplemental  sections  may  have  been 
added  during  the  reign  of  Josiah,  although  the  complete 
book  cannot  be  dated  earlier  than  the  exile  and  probably 
received  its  final  revision  during  the  Persian  period.  The 
Deuteronomic  codes,  as  has  been  noted,  contain  many 
32 


Israel's  Lawgivers  Introduction 

laws  which  came  from  the  early  period  of  Israelitish  his- 
tory, but  those  elements  which  distinguish  them  from  the 
primitive  codes,  represent  in  general  the  development  of 
Hebrew  legislation  between  800  and  600  B.  C. 

Their  history  also  illustrates  how  new  additions  and  Ratification 
revisions  of  the  earlier  regulations  later  gained  acceptance,  codes"' 
In  the  absence  of  a  recognized  legislative  body  or  author- 
ized lawgivers  among  the  Israelites,  laws  came  to  be  re- 
garded as  authoritative,  in  theory  because  attributed  to 
Moses,  in  reality  because  they  appealed  to  the  ethical  con- 
sciousness and  were  adapted  to  the  needs  of  the  age 
when  they  were  promulgated.  While  they  continued  to 
be  transmitted  orally,  they  developed  naturally,  as  new 
conditions  demanded  ;  but  when  they  were  committed  to 
writing  the  process  was  not  so  simple.  Roman  history 
presents  a  parallel  case.  In  theory  the  Twelve  Tables  con- 
tinued to  be  regarded  as  the  sole  basis  of  the  legal  system, 
although  in  fact  its  simple  provisions  had  long  since  been 
outgrown.  A  similar  device  was  employed  in  Israelitish 
history.  All  later  codes  were  attributed  to  Moses.  The 
Deuteronomic  laws,  however,  remained  only  private  codes 
until  they  were  presented  to  the  people  and  publicly  rat- 
ified by  them  through  their  king,  and  then  enforced  by 
his  authority.  Fortunately  there  was  found  in  Judah  at 
the  time  a  devoted  band  of  reformers,  like  Jeremiah,  Zeph- 
aniah,  and  Hilkiah,  in  perfect  sympathy — if  not  previously 
acquainted — with  the  new  regulations  and  able  to  bring 

33 


Introduction  The  Messages  of 

them  to  the  attention  of  the  nation  and  secure  their  ac- 
ceptance. Otherwise  they  would,  unknown  to  the  race, 
have  perished  with  the  temple,  where  for  a  time,  according 
to  the  account  in  2  Kings,  they  had  been  deposited,  or  else 
with  the  generation  which  produced  them.  As  it  was,  the 
enactments  of  the  Deuteronomic  codes  were  not  perma- 
nently adopted  by  the  najority  of  the  Jewish  race  until  the 
trying  experiences  of  the  Babylonian  exile  had  demon- 
strated the  truth  of  the  prophetic  principles  which  they 
embodied. 

V 

ezekiel's  code 

Origin  The  fate  of  another  private  code,  prepared  less  than  a 

century  later,  was  very  different.  When  it  was  written 
the  members  of  the  race  were  widely  scattered ;  it  also 
did  not  have  the  support  of  an  eager  group  of  reformers, 
and  its  enactments  were  not  as  practically  adapted  to  the 
conditions  of  their  age  as  were  those  of  the  Deuteronomic 
codes.  Ezekiel's  system,'  although  never  adopted  by  the 
nation,  is,  however,  of  great  importance,  because  it  illus- 
trates the  tendencies  of  the  day  and  enables  us  to  study 
Israelitish  law  in  the  making.  Born  a  priest,  acquainted 
as  a  boy  with  the  ritual  and  arrangements  of  the  Jeru- 

1  Found  in  Ezek.  40  to  48. 

34 


IsraeVs  Lawgivers  Introduction 

salem  temple,  he  was  carried  a  captive  to  Babylonia  in 
597  B.  C,  there  to  become  a  zealous  prophet  of  Jehovah. 
Most  of  his  work  was  done  as  a  pastor  and  preacher  to 
the  Jewish  community  beside  the  Chebar  canal.  The 
transcendent  holiness  of  Jehovah  and  the  certainty  that 
his  people  would  soon  be  restored  to  Palestine  were 
among  the  doctrines  which  he  emphasized  most  strongly. 
In  his  later  days  (572  B.  C),  following  the  example  of  the 
prophetic  authors  of  the  Book  of  Deuteronomy,  he  sought 
by  means  of  definite  regulations,  as  well  as  by  word  of 
mouth,  to  impress  these  and  other  teachings  upon  the 
minds  of  his  fellow-countrymen. 

To  this  end  he  prepared  a  detailed  plan  for  the  restored  Character, 
community  and  temple.     Everything  was  regulated  with  Ezekiei's 
the  aim  of  guarding  the  sanctity  of  Jehovah's  dwelling-  p°r|(i*^'^h 
place  and  its  service.    Many  older  usages  were  preserved  ;  earlier  sys- 
but  Ezekiel  did  not  hesitate  to  amend  or  set  aside  the 
laws  of  the  preceding  Deuteronomic  codes,  whenever  they 
were  not  suited  to  the  new  needs  or  failed  to  conform  to 
his  prophetic  ideals.     Thus  the  former  priests  of  the  high 
places,  who  were  conceded   in   the   Deuteronomic   laws 
equal  rights  with  those  of   the  Jerusalem  temple,  were 
debarred  these  privileges  by  Ezekiel  and  assigned  to  only 
menial  duties  (44:4-31).    Although  his  system  was  never 
fully  adopted,  it  exerted  a  powerful  influence  upon  later 
codes  and  reveals  how  strong  was  the  tendency  of  the 
Jews  of  Babylonia  toward  ceremonial  legalism. 

35 


Introduction  The  Messages  of 


THE    PRIESTLY    CODES 

Their  rela-  As  the  ritual  of  the  pre-exilic  temple  became  more  elab- 
pre^exiUcr  orate,  customs  undoubtedly  grew  up  which  had  all  the 
iTolaic"^^^  force  of  written  laws.  Whether  any  of  these  regulations 
usages  ^vere  committed  to  writing  before  the  destruction  of  Je- 
rusalem in  586  B.  C.  can  never  be  absolutely  determined. 
If  so,  the  later  Priestly  codes  have  probably  incorporated 
most  of  them.  While  the  temple  remained,  however,  and 
its  customs  and  usages  could  be  transmitted  from  father 
to  son  in  the  same  priestly  family  and  received  constant 
illustration  in  the  acts  of  the  ritual,  there  was  no  strong 
reason  for  committing  them  to  writing.  The  very  fact 
that  most  of  them  were  for  a  long  time  simply  transmit- 
ted orally  facilitated  their  adaptation  to  new  conditions 
and  their  absorption  of  new  elements  without  any  con- 
scious break  with  the  tradition  of  their  Mosaic  author- 
ship. Consequently,  when  at  last  they  were  put  into 
written  form,  it  was  popularly  believed  that  every  de- 
tail of  the  pre-exilic  ritual  had  been  explicitly  provided  for 
by  Moses.  Since  the  customary  usages  of  the  pre-exilic 
period  undoubtedly  were  made  the  basis  of  the  Priestly 
codes,  it  is  evident  why  the  later  editors  not  only  felt  justi- 
fied but  under  obligation  to  put  them  in  the  mouth  of  the 
traditional  father  of  Israelitish  law.     Naturally  their  own 

36 


Israels  Lawgivers  Introduction 

additions  or  later  supplements  were  not  distinguished 
from  the  older  regulations,  for  to  have  done  so  would  at 
once  have  invalidated  their  authority.  The  fact  that  the 
Priestly  codes  were  in  a  process  of  formation  for  at  least 
two  centuries  before  the  canon  of  the  law  was  finally 
closed  gave  ample  opportunity  for  insertions.  That  the 
majority  of  these  later  additions  were  in  harmony  with 
the  spirit  of  Israel's  founder,  and  therefore  justified,  can- 
not be  questioned. 

The  peculiar  conditions,  introduced  by  the  Babylonian  influences 
exile,  reveal  clearly  the  influences  which  produced   the  produced 
written   Priestly  codes.     The  destruction   of  the  temple  Jjj"^" 
and  the  resulting  cessation  of  ceremonial  worship  for  two  codes 
generations  made  it  absolutely  necessary  to  employ  writ- 
ten records,  if  the  traditional  usages  were  to  be  saved 
from  oblivion.     The  violent  break  with  the  past  also  facil- 
itated and  demanded  certain  modifications  and  new  reg- 
ulations, as  is  well  illustrated  by  the  details  of  Ezekiel's 
system.     The  exile  also  found  a  majority  of  the  Jerusalem 
priests  and  the  intellectual  leaders  of  the  Jewish  race  in 
Babylonia  with  leisure  and  no  other  mode  of  expressing 
their  devotion  than  by  writing.     Prophets  like  Jeremiah 
and  Ezekiel  proclaimed,  and  the  majority  of  the  exiles  be- 
lieved, that  their  nation  would  yet  be  restored  to  Palestine 
and  its  worship  of  Jehovah  on  the  sacred  site  be  resumed. 
Hence  a  definite  and  noble  incentive  actuated  them  to 
write.    Contact  with  the  Babylonians,  who  were  the  lead- 
37 


Introduction  The  Messages  of 

ing  literary  people  of  the  age,  undoubtedly  influenced 
them  indirectly ;  while  the  example  of  their  masters, 
whose  religion  at  that  time  was  conspicuous  for  its  mag- 
nificent and  elaborate  ritual,  could  not  fail  to  accelerate 
that  tendency  toward  ceremonialism,  of  which  Ezekiel's 
code  is  an  example,  and  which  found  its  full  expression  in 
the  character  of  later  Judaism.  The  primary  cause  of 
that  tendency  was  the  deep  sense  of  guilt  which  oppressed 
the  nation.  Accepting  the  dogma  that  calamity  was  al- 
ways the  evidence  of  divine  disfavor,  they  felt  that  they 
could  never  escape  from  the  shadow  of  the  great  disaster 
which  had  overtaken  them,  until  they  could  in  some  way 
appease  Jehovah.  "  Shall  I  come  before  him  with  burnt 
offerings,  with  calves  a  year  old  ?  Will  Jehovah  be  pleased 
with  thousands  of  rams  or  with  ten  thousand  rivers  of  oil  ? 
Shall  I  give  my  first-born  for  my  transgression,  the  fruit 
of  my  body  for  the  sin  of  my  soul  ?  "  (Mi.  6  :  6,  7)  was  the 
involuntary  cry  of  the  people  at  all  times  of  national  dis- 
tress. Hence  the  best  energies  of  certain  of  the  teachers 
of  the  race  were  during  this  period  devoted  to  developing 
a  ritual,  by  conforming  to  which  the  nation  might  again 
secure  the  forfeited  divine  favor. 
Evidence  of  The  fact  that  they  are  the  expression  of  the  character- 
istic tendencies  of  exilic  and  post-exilic  Judaism  and  that 
they  are  much  more  highly  developed  than  the  corre- 
sponding laws  found  in  the  other  systems,  is  not  the  only 
evidence  that  the  Priestly  are  the  latest  codes  in  the  Old 

38 


Israels  Lawgivers  Introduction 

Testament.  Many  of  their  regulations  mark  as  distinct 
an  advance  beyond  the  work  of  Ezekiel  as  his  did  in  turn 
upon  that  of  the  Deuteronomic  editors.  For  example 
with  him  the  high-priest,  who  figures  in  the  Priestly  codes 
as  the  representative  of  the  people,  specially  clothed  and 
consecrated  for  his  duties  (Ex.  28),  is  simply  "  the  priest," 
who  without  further  distinction  performs  certain  atoning 
rites  in  behalf  of  the  nation  (Ezek.  45  :  18-20).  Accord- 
ing to  Ezekiel  this  ceremony  was  to  be  observed  twice  in 
the  year,  on  the  first  day  of  the  first  and  sixth  months  ; 
while  the  Priestly  codes  provide  for  its  observance  but 
once  a  year  in  the  imposing  ritual  of  the  day  of  atonement 
(Lev.  16).  The  amount  of  the  offerings  to  be  presented 
is  increased  and  the  ceremony  rendered  much  more  elab- 
orate in  the  Priestly  codes.  The  distinction,  which  Eze- 
kiel first  maintained,  between  the  priests  and  the  Levites, 
is  traced,  not  to  the  connection  of  the  latter  with  the  high 
places,  but  to  their  special  choice  by  Jehovah  in  the  days 
of  Moses  (Ezek.  44:  15-27).  It  is  not  strange  that  the 
Jewish  rabbis,  who  proceeded  on  the  traditional  hypothesis 
that  the  Priestly  codes  were  the  older,  were  inclined  to  re- 
gard Ezekiel  as  a  heretic,  and  experienced  great  difficulty 
in  reconciling  the  two  conflicting  systems.  When  the 
Priestly  codes  are  recognized  as  the  later,  representing  the 
growth  of  Israel's  laws  and  institutions  between  approx- 
imately 600  and  400  B.  C,  the  otherwise  irreconcilable 
differences  are  fully  explained. 

39 


Introduction  The  Messages  of 

The  diflFer.  RecurriHg  formulas,  repetitions  of  the  same  enactment, 
cSde^"^^^^^  variant  and  conflicting  versions  of  the  same  law,  varying 
idioms  and  indications  of  different  points  of  view  demon- 
strate that  the  Priestly  codes  include  component  groups 
of  laws  originally  distinct ;  and  that  as  a  whole  they  rep- 
resent the  work  of  many  different  authors  and  editors 
who  labored  during  the  two  centuries  when  the  codes 
were  gradually  assuming  their  present  form. 
Holiness  Of  these  constituent  codes,  which  have  been  introduced 

^°^^^  ^  without  serious  modification  into  the  larger  system  of 
priestly  laws,  the  group  found  chiefly  in  Leviticus  17  to 
26  is  apparently  the  oldest.  Because  of  the  emphasis 
which  it  places  upon  the  holiness  of  Jehovah  and  of  his 
people  it  is  known  as  the  "  Holiness  code  "  (P^).  Repe- 
titions and  introductory  formulas  suggest  that  this 
minor  code  is  in  turn  made  up  of  originally  independent 
groups  of  laws.'  Similarity  of  style  and  representation, 
however,  suggest  that  they  came  from  the  same  school  of 
writers.  They  also  have  many  expressions  and  teachings 
in  common  with  Ezekiel,  indicating  that  they  belong  to 
the  same  general  period.  The  regulations  found  in  cer- 
tain sections,  as,  for  example,  of  Leviticus  18  to  20  and  23 
to  25,  seems  to  reflect  a  simpler  and  therefore  an  earlier 
stage  in  the  growth  of  the  law.  The  distinction  between 
priests  and   Levites,  first  maintained  by  Ezekiel,  is  not 

>  Cf.  for  detailed  presentation  of  the   data :    Carpenter  and  Battersby, 
The  Hexateuch,  i.,  144-152. 

40 


IsraeVs  Laivgivers  Introduction 

found  in  the  Holiness  code.  Specific  months  and  days 
are  not  yet  fixed  for  the  religious  festivals.  In  the  light 
of  these  and  other  indications,  it  seems  probable  that  here 
have  been  recorded  many  pre-exilic  ceremonial  usages ; 
possibly  also  extracts  from  smaller  pre-exilic  codes.  The 
collection  as  a  whole  may  be  dated  from  the  opening 
years  of  the  Babylonian  exile,  although  some  of  its  indi- 
vidual enactments  may  even  come  from  the  days  of  Moses. 

Another  group  of  laws,  the  relationship  of  w^hose  parts  Priestly 
is  indicated  by  the    recurring    formula :    "  This  is  the  Jpl)   "^* 

torah  of "  (Lev.  6  :  9,  14,  25  ;  7  :  i,  ii  ;  ii  :  46,  etc.) 

is  found  in  Leviticus  i  to  3,  5  to  7,  11  to  15,  and  Num- 
bers 5,  6,  15  and  19  :  14-22.  It  includes  minor  collections 
of  priestly  toroth  or  teachings  regarding  sacrifice,  distinc- 
tions between  things  clean  and  unclean,  and  the  duties 
connected  with  the  Nazirite  vow.  The  phrase,  "  accord- 
ing to  the  ordinance,"  which  often  occurs,  suggests  that 
this  group  also  preserves  in  many  cases  the  customs  of 
the  first  temple  and  may  be  based  upon  pre-exilic  codes. 
It  is  appropriately  known  as  the  "  Priestly  Teaching  " 
(Pt).  Undoubtedly  some  of  its  laws  are  as  old  as  those 
of  the  Holiness  code  ;  but  they  have  been  recast  and  sup- 
plemented, so  that  as  a  whole  they  represent  a  slightly 
later  stage  in  the  growth  of  the  ceremonial  law. 

The  remainder  of  the  legal  material  found  in  the  Pen-  Priestly 
tateuch  constitutes  the  Priestly  code  proper,  or  the  ground-  Jp)*  p^°p*' 
work  (P  or  P«),  with  its  later  supplements  (P*).     It  in- 
41 


Introduction  The  Messages  of 

eludes  the  priestly  history,  beginning  with  the  first  chapter 
of  Genesis  and  running  through  the  Book  of  Joshua,  into 
which  was  incorporated  the  older  groups  of  laws  (P^,Pt).  It 
also  contains  many  traditional  precedents,  like  the  account 
of  the  taking  of  the  census  in  Numbers  i  and  3  ;  also  im- 
portant groups  of  laws,  like  those  relating  to  the  sanctuary 
and  the  consecration  of  priests  in  Exodus  25  to  29,  and 
the  duties  and  dues  of  the  priests  and  Levites  in  Num- 
bers 18.  It  represents  in  general  the  further  development 
of  the  law  and  the  work  of  the  priestly  historians  and 
editors  between  500  and  400  B.  C.  Distinctions  between 
priests  and  Levites  are  at  last  clearly  defined  and  their 
respective  sources  of  income  established.  The  different 
events  in  the  sacred  calendar  are  also  definitely  dated. 
Ratification  The  Combined  Priestly  codes  (Ph,  Pt,  P)  correspond  to 
Priesliy  ^^^  "  ^^w  o^  Moses,"  which,  according  to  the  account  of 
PaJestima!!^*  Ezra-Nehcmiah,  was  brought  from  Babylon  by  Ezra  and 
Jewish  com-  solemnly  adopted  by  the  Jews  of  Palestine  about  400  B.  C* 
The  evidence  of  the  historical  and  prophetic  literature  of 
the  period  indicates  that  up  to  that  time  the  Primitive  and 
Deuteronomic  codes  had  been  the  only  laws  recognized 
by  them  as  authoritative.  Nehemiah  evinced  by  the  nat- 
ure of  the  reforms  introduced  by  him  in  432  B.  C.  (cf. 

»  For  the  evidence  that  the  work  of  Nehemiah  preceded  that  of  Ezra  and 
that  the  great  reformation  is  to  be  dated  about  400  B.  C,  cf.  Kosters,  Het 
Htrsiel  van  Israel  Perzisch*  Tijdvak ;  Kent,  History  0/  the  Jewish 
People,  pp.  195-201. 

42 


Israels  Lawgivers  Introduction 

Neh.  13)  an  acquaintance  with  the  new  principles  which 
are  incorporated  in  the  Priestly  codes  ;  he  appealed,  how- 
ever, to  no  written  law  but  to  the  consciences  of  the 
people,  and  trusted  to  his  own  authority  and  influence  to 
render  the  radical  changes  permanent.  His  reforms  estab- 
lished important  precedents  which  prepared  the  way  for 
the  sweeping  innovations  which  followed  the  acceptance 
of  the  new  law  of  Moses.  Like  the  Deuteronomic  in 
earlier  times,  the  Priestly  codes  at  first  possessed  no  au- 
thority beyond  the  little  group  of  faithful  priests  and 
scribes,  who,  probably  in  the  quiet  of  Babylonia,  had  been 
preparing  and  treasuring  them,  until  they  were  laid  before 
the  people  and  publicly  ratified  by  the  community. 
Thanks  to  Nehemiah's  patriotic  services  the  Jews  of  Pal- 
estine were  at  last  ready  for  the  new  programme.  In  the 
absence  of  a  king,  the  community  through  its  elders  ac- 
cepted and  covenanted  to  keep  the  new  law.  Five  out  of 
the  eight  regulations,  specified  in  the  oath  assumed  by  the 
nation  (Neh.  10  :  30-39),  appear  for  the  first  time  in  the 
Priestly  codes. 


43 


Introduction  The  Messages  of 

VII 

THE   FINAL   COMPLETION    OF    THE   CANON   OF    THE 
LAW 

Later  sup-  The  accGUHt  in  Ezra-Nehemiah  of  the  institution  of 
SdditioS^o  the  new  law  of  Moses  indicates  that  the  Priestly  codes 
the  Priestly  ^gj.^  j^qj.  ^^^  entirely  complete  in  their  present  form. 
For  example  in  the  detailed  account  of  the  celebration  of 
the  feast  of  the  seventh  month  (Neh.  8)  in  accordance 
with  the  new  code,  there  is  no  mention  of  the  observance 
of  the  day  of  atonement  which  was  solemnly  celebrated 
by  later  Judaism  in  the  tenth  month  (Lev.  i6).  Although 
the  tithe  of  the  ground  is  especially  referred  to  in  the  oath 
of  the  community,  nothing  is  said  regarding  the  later  law 
which  added  a  tithe  of  the  herd  and  flock  (Lev.  27  :  30- 
33).  Many  supplemental  additions  seem  to  have  been 
later  appended  to  the  original  Priestly  codes.  Until  the 
canon  of  the  law  had  been  definitely  closed,  it  was  easy  and 
natural  that  they  should  be  made.  The  growth  of  the 
law  did  not  suddenly  cease  with  the  adoption  of  a  new 
version  of  the  law  of  Moses.  Rather  the  prominence 
given  to  the  ceremonial  legislation  must  have  accelerated 
that  growth.  Adaptation  to  the  peculiar  conditions  within 
the  Judean  community  also  called  for  new  regulations. 
Later  usages,  associated  by  tradition  with  Moses,  would 
naturally,  when  recorded  in  writing,  be  included  in  the 
44 


IsracVs  Lawgivers  Introduction 

law-book  which  bore  his  name.    Thus  they  found  a  place 
in  the  legislation. 

The  tendency  to  misuse  this  privilege  in  order  to  intro-  Final  closing 
duce  partisan  regulations  may  have  been  one  of  the  of  the  faw°" 
motives  which  led  to  the  final  closing  of  the  canon  of  the 
law.  Certainly  the  latest  supplements  contain  enactments 
calculated  greatly  to  increase  the  income  of  the  priests 
and  temple  at  the  expense  of  the  people.  In  subsequent 
generations  the  law  continued  to  develop  as  before,  but  it 
was  decreed  that  it  should  be  preserved  in  oral  form,  and 
never  committed  to  writing  lest  it  become  confused  with 
the  older  written  law.  Unfortunately  the  date  of  the 
formation  of  the  first  Old  Testament  canon  cannot  be 
definitely  determined.  Certainly  when  the  translation  of 
the  Hebrew  scriptures  into  Greek  was  begun  about  250 
B.  C.  it  was  closed.  This  important  translation  itself  was 
doubtless  one  of  the  influences  which  hastened  the  con- 
summation, although  as  the  law  was  prized  more  and 
more  highly  the  tendency  would  be  to  guard  it  more  care- 
fully. The  new  dispersion  of  faithful  Jews,  especially  tow- 
ard Egypt,  which  followed  the  death  of  Alexander,  un- 
doubtedly made  necessary  added  copies  of  the  law.  The 
existence  of  many  duplicate  copies  would  tend  to  check 
the  insertion  of  supplements.  Therefore  as  early  as  300 
B.  C.  it  is  reasonably  certain  that  the  canon  of  the  law 
was  practically  closed. 

Thus  the  Old  Testament   legislation    represents  the 

.45 


Introduction  The  Messages  of 

Summary  of  growth  of  at  Icast  eight  or  nine  centuries.  Through  five 
of*cfid°Tes-  centuries  it  was  assuming  its  final  written  form.  In  its 
lament  law  historical  origin  it  is  like  a  pyramid  with  the  little  primi- 
tive decalogue  of  Exodus  34 :  10-26  at  the  top,  the  subse- 
quent codes  in  successive  layers,  and  the  large,  composite 
Priestly  codes  at  the  base  (cf.  Frontispiece).  At  the  apex 
stands  Moses,  dominating  with  his  personality  and  with 
the  magic  of  his  name  all  parts  of  the  rapidly  broadening 
pyramid.  That  which  makes  it  difficult  to  distinguish  its 
original  form  is  the  fact  that,  like  many  of  the  temples 
and  cities  of  antiquity,  it  has  been  rebuilt  so  often  and  the 
original  order  so  far  disarranged  that  it  is  possible  only  by 
the  most  careful  study  of  the  individual  parts  to  restore 
each  to  its  former  place.  To  that  task  modern  biblical 
scholarship  has  devoted  itself.  Some  smaller  stones  bear 
no  clear  mason's  mark  and  fit  almost  equally  well  in  sev- 
eral different  places ;  but,  with  these  unimportant  excep- 
tions, the  reconstruction  is  complete ;  and  we  may  behold 
in  imagination  the  outlines  of  Israel's  law  as  it  gradually 
took  form.  That  law  as  a  whole  represents  the  work  of 
scores  and  hundreds  of  men  :  judges,  like  Moses,  who 
rendered  precedent-making  decisions ;  prophets,  like  Hosea 
and  Isaiah,  who  enunciated  God-given  principles ;  unknown 
priests,  prophets  and  scribes,  who  formulated  the  laws  in 
written  form ;  revisers,  who  adapted  them  to  new  circum- 
stances ;  editors,  who,  without  any  hope  of  reward  except 
the  sense  of  having  preserved  the  divine  messages  en- 

46 


Israel's  Lawgivers  Introduction 

trusted  to  their  race,  copied  and  re-incorporated  earlier 
collections  of  laws  into  the  later  codes,  and  reformers,  like 
Hilkiah,  Josiah,  Nehemiah  and  Ezra,  who  rescued  the  new 
codes  of  their  day  from  threatening  oblivion  and  secured 
their  universal  acceptance  and  practical  application  to  the 
life  of  the  nation.  Back  of  and  in  all  this  consecrated 
human  activity  was  the  Father  of  mankind,  whose  benign 
purpose  was  thus  being  revealed  to  mankind  and  realized 
in  the  history  of  the  Israelitish  race. 


47 


Introduction 

DESIGNATIONS  AND   APPROXIMATE  DATES   OF 
THE   DIFFERENT  OLD  TESTAMENT  CODES 

Primitive  Codes 

Representing  Israelitish  legal  usages  from  about  1200  to 
800  B.  C. 

Found  in  Jehovistic  prophetical  narrative  (J)  of  Exodus 
13  and  34  and  in  Elohistic  prophetical  narrative  (E)  of 
Exodus  20  to  23. 

Deuteronomic  Codes  (D) 

Representing  the  further  development  of  Israelitish  insti- 
tutions between  800  and  600  B.  C. 

Found  in  Deuteronomy  12  to  26  and  28,  and  in  the  sup- 
plemental code,  4  to  1 1  and  27. 

Priestly  Codes  (P) 

Representing  the  further  growth  of  Israelitish  law  be- 
tween 600  and  400  B.  C. 
Including : 

Holiness  Code  (P»>) 600  to  500  B.  C. 

Found  chiefly  in  Leviticus  17  to  26. 

Priestly  Teaching  (P') 600  to  500  B.  C. 

Found  in  Leviticus  i  to  3,  5  to  7,  11  to  15,  Numbers  5, 
6,  15,  and  19 :  14-22. 

Priestly  Codes  Proper  (P)  .  .  .  .  500  to  400  B.  C. 
Found  in  the  legal  portions  of  Exodus,  Leviticus  and 
Numbers  not  belonging  to  the  preceding  codes. 

Later  supplemental  or  editorial  additions  to  the  original  codes  (Js,  Es,  D*, 
and  Ps)  are  introduced  in  smaller  type  or  italics. 

48 


CRIMINAL  LAWS 


CRIMINAL   LAWS 


CHARACTERISTICS     OF    ISRAELITISH   CRIMINAL    LAW 

A  majority  of  the  early  laws  among  the  Hebrews,  as 
among  most  primitive  peoples,  consisted  of  prohibitions 
against  certain  misdemeanors.  Thirty-eight  of  the  fifty- 
one  distinct  regulations  found  in  the  primitive  codes  of 
Exodus  20  to  24  are  classified  as  criminal ;  while  only  a 
small  fraction  of  the  laws  of  the  later  Priestly  code  belong 
to  this  class.  Crimes  first  demanded  the  attention  of  the 
primitive  lawgivers,  and  laws  were  early  promulgated 
which  were  intended  to  secure  uniformity  in  dealing  with 
misdemeanors,  and  above  all  to  inspire  terror  in  the  minds 
of  possible  offenders. 

The  Hebrew  conception  of  crime  differed  in  certain  re- 
spects from  that  underlying  Roman  and  modern  legal 
systems  in  which  the  king  or  the  state  is  the  plaintiff. 
Originally  it  was  the  individual  or  the  immediate  mem- 
bers of  his  family  who  avenged  wrongs  done  to  him ; 
and  society  did  nothing  to  punish  the  criminal  except 
to  leave  the  individual  and  family  free  to  exercise  their 

SI 


Criminal  Laws  The  Messages  of 

right.  In  the  case  of  bloodshed,  vengeance  was  regarded 
as  a  solemn  duty  (cf.  2  S.  14  :  i-ii).  This  practice,  of 
course,  was  simply  an  inheritance  from  the  nomadic 
period  when  there  was  little  social  organization.  When 
Jehovah  was  recognized  as  the  God  of  the  Israelitish  race 
and,  in  the  light  of  the  teaching  of  the  prophets  and  of  a 
higher  ethical  sense,  as  a  moral  deity  who  demanded 
deeds  of  righteousness  from  his  worshippers,  all  crimes 
gradually  came  to  be  regarded  as  offences  against  him. 
This  principle  finds  clear  expression  in  the  prophetic 
decalogue  of  Exodus  20,  where  the  commands  are  repre- 
sented as  coming  directly  from  Jehovah  and  the  chief  mo- 
tive urged  for  keeping  them  is  Israel's  debt  of  gratitude  to 
him  for  the  deliverance  from  Egypt.  In  the  Deuteronomic 
and  subsequent  codes  Jehovah  is  universally  regarded  as 
a  plaintiff  in  all  criminal  offences.  The  punishment  of 
many  crimes,  which,  like  apostasy  or  the  profanation  of 
his  sanctuary,  especially  concern  his  worship,  are  left  to 
him,  and  the  community  makes  no  effort  to  punish  the 
wrong-doer,  while  more  secular  cases  are  conceived  of 
as  decided  by  him  through  the  priestly  judges,  his  repre- 
sentatives. 

As  soon  as  the  Israelites  settled  in  Canaan  and  the  tribal 
was  gradually  supplanted  by  the  city  and  state  organiza- 
tion, the  community,  in  practice  at  least,  assumed  the 
role  of  plaintiff  and  through  its  appointed  judges  tried 
and  also  executed  their  sentence  upon  the  criminal.  Cap- 
52 


Israels  Lawgivers  Criminal  Laws 

ital  offences  were  punished  by  stoning,  in  which  all  mem- 
bers of  the  community  participated,  thus  avenging  them- 
selves of  the  wrong  which  had  been  done  to  them  as  a 
whole.  This  usage  appears  in  the  primitive  codes,  so  that 
in  practice  and  in  reality  the  modern  conception  of  the 
state  as  the  injured  party  in  criminal  cases  was  accepted 
at  a  very  early  date  by  the  Hebrews.  In  theory,  how- 
ever, the  community  punished  the  criminal  that  it  might 
be  delivered  from  the  burden  of  guilt  which  a  crime  com- 
mitted in  its  midst  was  thought  to  impose  upon  it  (2 
S.  21;  2-4;  Dt.  19:  19;  21  :  1-9).  This  was  clearly 
the  priestly  lawgivers'  method  of  expressing  the  truth 
that  every  misdemeanor  was  a  wrong  done  to  the  State  as 
well  as  to  Jehovah  and  to  the  individual  directly  injured. 

Thus  these  three  distinct  conceptions  of  the  nature  of 
crime  continued  to  be  entertained  side  by  side  and  in  the 
Old  Testament  legislation  are  mingled  in  truly  oriental 
fashion,  so  that  anything  more  than  an  approximately 
scientific  classification  is  impossible.  In  general  kindred 
crimes  are  grouped  together  in  the  present  codification  in 
the  order  suggested  by  the  familiar  prophetic  decalogue 
(Ex.  20). 

The  object  of  punishment  was  likewise  variously  con- 
ceived. The  idea  that  crime  brought  upon  a  people  a 
burden  of  guilt  which  could  alone  be  removed  by  the  pun- 
ishment of  the  offender  is  doubtless  old  (Dt.  21  :  1-9; 
Num.  30  :  31).    The  prevention  of  crime  by  impressing 

53 


Criminal  Laws  The  Messages  of 

the  people  with  its  inherent  hideousness  and  awful  con- 
sequences was  clearly  the  chief  object.  The  different 
methods  of  punishment — public  stoning,  burning  the  body 
of  a  criminal,  and  scourging — were  each  well  calculated  to 
produce  this  effect.  In  the  case  of  especially  loathsome 
crimes,  the  lawgivers  plainly  declare  that  the  penalty  is 
imposed  that  the  people  may  see  and  sin  not  (Dt.  21:18- 
20;  22  :2o,  21). 

Compared  with  those  in  use  among  contemporary 
peoples,  the  methods  of  punishment  in  vogue  among  the 
Israelites  were  humane.  The  custom  of  burying  alive, 
impaling  on  stakes,  crucifixion,  and  torture  were  unknown 
among  them.  Imprisonment  never  appears  to  have  been 
used  as  a  punishment.  Scourging — restricted  by  the 
Deuteronomic  law  to  forty  strokes — and  the  stocks  were 
chiefly  employed  in  punishing  minor  offences.  The  fact 
that  they  had  no  appropriate  punishment  for  moderate 
crimes  doubtless  explains  why  for  certain  misdemeanors, 
like  disobedience  to  parents  and  labor  on  the  Sabbath,  the 
death  penalty  seems  too  severe,  and  for  others,  like  as- 
sault, the  penalty,  which  was  simply  support  of  the  injured 
party,  seems  too  light. 

In  the  case  of  eighteen  distinct  crimes  capital  punish- 
ment is  recommended  by  some  one  of  the  codes.  For 
only  one  crime — murder — is  it  the  penalty  in  all  the  codes. 
The  statutes  which  made  these  crimes  capital  offences  are 
significant  indices  of  the  growth  of  public  opinion  and 

54 


Israel's  Lawgivers  Criminal  Laws 

the  peculiarities  of  the  different  codes.  The  primitive 
codes  impose  the  death  penalty  seven  times,  namely  for 
sorcery,  cursing  a  parent,  murder,  assault  of  a  parent, 
fatality  due  to  criminal  neglect,  kidnapping,  and  bestiality  ; 
the  Deuteronomic  codes  twelve  times :  for  apostasy,  so- 
licitation to  apostasy,  false  prophecy,  defiant  disobedience 
of  parents,  murder,  assault  of  parents,  rape,  adultery, 
sodomy,  prostitution,  kidnapping  and  the  failure  to  carry 
out  a  judicial  decree ;  the  Priestly  codes  ten  times :  for 
practising  spiritualism,  sacrifice  of  children  to  Moloch, 
blasphemy  (Ps),  labor  on  the  Sabbath  (Ps),  cursing  parents, 
murder,  adultery,  illegal  marriage  with  stepmother  or 
daughter-in-law  or  with  both  mother  and  daughter,  sod- 
omy, and  prostitution.  Several  enactments  are  the  same 
in  two  codes.  In  the  Priestly  the  tendency  is  toward 
greater  severity,  especially  in  the  case  of  sins  against  re- 
ligious laws,  like  blasphemy  and  labor  on  the  Sabbath. 

To  this  might  be  added  the  list  of  crimes  respecting 
which  it  is  declared  that  Jehovah  himself  will  destroy  the 
offender.  In  the  primitive  codes,  these  are  apostasy  and 
idolatry;  and  in  the  Priestly,  practising  or  encouraging 
heathen  superstitions,  entering  the  sanctuary,  and  the  eat- 
ing of  consecrated  food  by  a  priest  when  ceremonially  un- 
clean. 

For  many  misdemeanors  no  definite  penalty  is  stipu- 
lated. Some  of  them,  like  taking  interest  from  the  poor, 
were  probably  rarely  brought  before  the  courts  ;  while  in 

55 


Criminal  Laws  The  Messages  of 

the  case  of  others  the  penalty  was  to  be  determined  by 
judges  after  they  had  investigated  the  details  of  the  case. 
Frequently  the  language  specifying  the  penalty  is  very  in- 
definite, as  for  example,  the  culprit  "  shall  bear  his  in- 
iquity," or  "  he  shall  be  guilty,"  or  "  that  soul  shall  be  cut 
off  from  his  father's  kin,"  or  "  from  before  me  "  (Jehovah), 
or  "  cut  off  in  the  sight  of  the  children  of  his  people." 
The  execution  of  the  sentence  was  left  to  Jehovah  until 
the  crime  seriously  offended  the  moral  sense  of  the  com- 
munity ;  then  some  appropriate  penalty  was  devised. 
These  indefinite  laws  clearly  represent  prophetic  and 
priestly  ideals  to  which  the  lawgivers  were  endeavoring  to 
lead  the  masses. 


II 


THE   TWO    PRINCIPLES   UNDERLYING    ISRAELITISH 
PENAL    LEGISLATION 

The  Hebrews  inherited  from  their  barbarous  past  the 
law  of  retaliation  (the/wj  talionis  of  the  Romans).  Before 
society  was  organized  this  law  had  long  been  in  force. 
The  early  tribal  organization  of  the  Hebrews  tended  to 
perpetuate  it,  for  the  law  of  blood-revenge  is  only  a  modi- 
fied form  of  the  same,  in  which  the  tribe  undertakes  to 
avenge  all  injuries  done  to  any  of  its  members.  When 
the  tribal  gradually  merged  into  the  national  organization, 

56 


Israel's  Lawgivers  Criminal  Laws 

it  was  natural  that  the  Hebrews  should  continue  to  retain 
the  same  principle  of  punishment.  The  result  is  that  it 
underlies  all  the  early  and  much  of  the  later  legislation. 
Before  any  of  the  Hebrew  laws  took  form  it  had  evidently 
found  popular  expression  in  the  terse,  epigrammatic  say- 
ing, repeatedly  quoted  :  "  Life  for  life,  eye  for  eye,  tooth 
for  tooth,  hand  for  hand,  foot  for  foot,  burning  for  burn- 
ing, wound  for  wound,  stripe  for  stripe  "  (Ex.  21  :  23-25). 
In  the  enactments  of  the  Book  of  the  Covenant  (Ex.  20 
to  23)  it  is  prominent,  although  only  once  directly  quoted 
(Ex.  21 :  22-25).  In  Deuteronomy  judges  are  commanded 
to  appjy  the  law  of  retaliation  to  those  who  injure  others 
by  false  testimony.  The  aim  is  clearly  to  protect  the  law 
courts  from  this  bane  of  oriental  society,  by  inspiring 
terror  in  the  minds  of  all  possible  offenders  (19  :  18-21). 
With  the  one  exception,  the  ancient  custom  is  nowhere 
directly  referred  to  in  this  code,  which  reflects  so  largely 
the  spirit  of  Israel's  greatest  prophets.  In  the  sterner 
Holiness  code  it  is  apparently  again  exalted  to  the  posi- 
tion of  a  general  law  :  "If  a  man  causes  a  blemish  in  his 
neighbor ;  as  he  has  done,  so  shall  it  be  done  to  him ; 
limb  for  limb,  eye  for  eye,  tooth  for  tooth ;  as  he  may 
cause  a  blemish  in  a  man,  so  shall  it  be  caused  in  him  " 
(Lev.  24 :  19,  20).  It  is  in  harmony  with  the  ideal  of  this 
priestly  system  which  aimed  by  the  most  strenuous  legis- 
lation to  make  "  Israel  a  holy  people."  It  was  also  typical 
of   that  later  priestly  "  Mosaism  "  whose  harshness  and 

57 


Criminal  Laws  The  Messages  of 

lack  of  love  were  condemned  by  the  great  teacher  of 
Nazareth. 

The  other  and  late  principle  underlying  Hebrew  law 
was  that  of  compensation.  Its  influences  commenced  to 
be  felt  as  the  spirit  of  revenge  began  to  be  controlled  and 
as  the  love  of  possession  grew.  It  also  became  more 
potent  when  the  punishment  for  a  crime  was  taken  out  of 
the  hands  of  the  individual  or  local  tribe  and  entrusted  to 
representatives  of  the  State.  Then  it  was  recognized  that 
in  the  case  of  many  minor  crimes  it  was  far  better  for  the 
general  welfare  of  the  community  and  for  the  injured  to 
receive  some  material  compensation  than  to  inflict  a  cor- 
responding injury  upon  the  guilty.  Even  in  the  ancient 
code  of  Exodus  20  to  24  this  principle  was  applied  in  the 
case  of  certain  injuries  to  person  as  well  as  property  (21  : 
18,  19,  26,  27,  33-36).  One  interesting  example  is  found 
where  either  the  principle  of  retaliation  or  that  of  com- 
pensation may  be  applied  as  the  judges  deem  proper  (21 : 
28-30).  Naturally  in  the  later  legislation  the  principle  of 
compensation  became  more  prominent,  until  in  the  priestly 
code  it  is  stated  as  a  general  law  (Num.  5  :  5-8).  In 
keeping  with  the  tenor  of  that  legislation,  if  the  injured 
man  has  no  kinsman  to  whom  the  restitution  can  be  paid, 
the  priest  as  Jehovah's  representative  is  to  receive  it.       ^ 


58 


IsraeVs  Lawgivers  Criminal  Laws 

I.   The  Law  of  Retaliation   (Ex.  21  :  23-25;  Dt.   19: 
22  ;  Lev.  24:  19,  20)* 

Primitive,  Deuteronomic  and  Priestly  Codes. 

For  all  crimes  against  the  person  of  another  the  of-  As  one  does 
fender  shall  himself  suffer  a  like  infliction :  "  Life  for  life,  shall bedon« 
eye  for  eye,  tooth  for  tooth,  hand  for  hand,  foot  for  foot,  J°  J^j,^,^^- 
burning  for  burning,  wound  for  wound,  stripe  for  stripe."  ^;^9-"; 

2.  The  Law  of  Compensation  (Num.  5  : 6-8) 

Priestly  Codes. 

(Ps)  Every  offender,  male  or  female,  who  commits  a  crime  of  Restitution 
any  kind  against  Jehovah,   shall  confess  his  guilt  and  make  committ!^ 
restitution  in  full  for  the  injury  done  to  the  person  or  persons  (Num.  5:6, 
wronged,  adding  thereto  one-fifth  of   the  amount  determined 
upon  as  a  full  equivalent. 

In  case  the  person  or  persons  wronged  do  not  survive  and  In  default  of 
have  no  kinsmen  the  amount  of  the  compensation  shall  be^^ong^and 
given  to  the  priest  as  Jehovah's  representative.  In  addition,  |»^  '^^"'.ov 
the  usual  guilt-offering  of  a  ram  shall  be  presented  to  Jehovah. 

1  The  form  of  the  law  varies  slightly  in  each  of  the  three  codes  in  which 
it  occurs.  That  of  E  quoted  above  is  the  fullest ;  Deuteronomy  preserves 
the  same  order,  omitting  "burning  for  burning,  wound  for  wound,  stripe 
for  stripe  ;  "  while  the  Holiness  code  has  the  more  general  form :  "  If  a  man 
causes  a  blemish  in  his  neighbor ;  as  he  has  done,  so  shall  it  be  done  to 
him  "  (Lev.  19 :  19).  . 


59 


Criminal  Laws  The  Messages  of 

III 

CRIMES    AGAINST    JEHOVAH 

In  both  the  earliest  decalogue  of  Exodus  34  and  the 
prophetic  decalogue  of  Exodus  20  (Deut.  5)  the  first 
command  is  that  the  people  shall  worship  no  other  God 
than  Jehovah.  In  varying  form  the  same  commandment 
is  constantly  reiterated  in  the  pre-exilic  codes.  These 
laws  against  apostasy  clearly  voice  the  watch-cries  of 
the  prophets  in  their  protracted  crusade  against  inherited 
religious  ideas  and  superstitions.  It  is  perfectly  natural 
that  they  should  be  most  prominent  in  the  Deuteronomic 
codes  which  reflect  most  fully  prophetic  aims  and  teach- 
ings. Except  in  the  Holiness  code,  which  comes  from 
the  beginning  of  the  exile,  the  later  laws  cease  to  speak 
of  apostasy.  The  exile  not  only  vindicated  the  prophets 
but  also  broke  the  continuity  of  those  traditions  which 
bound  the  Hebrews  to  their  heathen  past. 

The  oldest  prophetic  histories  frankly  state  what  is 
confirmed  by  the  results  of  modern  historical  investigation, 
namely  that  their  ancestors  were  worshippers  of  many  gods. 
Rachel  is  represented  as  stealing  the  teraphim  or  family 
idols  of  her  father  Laban,  when  Jacob  sets  out  to  return 
to  the  land  of  Canaan  (Gen.  31  :  19-34).  Later,  when  the 
patriarch  goes  up  to  Bethel  to  worship  Jehovah,  he  com- 
mands his  household  followers  to  put  away  the  strange 
60 


Israel* s  Lawgivers  Criminal  Laws 

gods  among  them  in  order  to  purify  themselves  (Gen. 
35  :  1-4).  Joshua  in  his  address  to  the  people  is  made  by 
the  Elohistic  historian  to  declare :  "  Your  fathers  dwelt 
of  old  time  beyond  the  River,  even  Terah,  the  father  of 
Abraham,  and  the  father  of  Nahor,  and  they  served  other 
gods  "  (Josh.  24  :  2).  He  also  recognizes  that  they  have 
retained  those  strange  gods  until  they  have  reached  the 
land  of  Canaan.  That  the  masses  continued  to  cherish 
them  and  many  of  the  superstitious  rites  connected  with 
their  traditional  worship  until  the  exile  is  confirmed  by  the 
narratives  of  the  historians  and  the  references  in  the  ser- 
mons of  the  prophets.  Micah  the  Ephraimite  and  Gideon 
erected  images  for  public  worship  and  no  one  of  their  con- 
temporaries condemns  them  *  (Judg.  8  :  22-27  ;  17  :  1-6). 
As  late  at  least  as  the  days  of  Jeroboam  II.,  the  pillar, 
ephod  and  teraphim  were  popularly  regarded  as  legitimate 
accessories  of  worship  (Hos.  3  :  4).  In  the  days  of  Ma- 
nasseh  various  types  of  Semitic  religion  flourished  in  the 
temple  at  Jerusalem  under  the  shadow  of  the  throne. 

The  first  two  commandments,  therefore,  of  the  two 
oldest  decalogues  were  dealing  with  ever-present  and  per- 
sistent evils.  In  this  modern  age  of  religious  liberty  the 
rigor  of  certain  of  the  enactments  seems  uncalled  for ;  but 
in  justice  to  the  lawgivers  they  must  be  studied  in  the  light 
of  the  conditions  and  the  ideas  which  inspired  them.  The 

»  The  condemnation  found  in  the  Book  of  Judges  is  ^clearly  from  a  later 
editor. 

61 


Criminal  Laws  The  Messages  of 

Deuteronomic  codes,  which  of  all  the  Old  Testament 
laws  are  most  permeated  with  the  spirit  of  love  to  God 
and  man,  enjoin  the  severest  punishment  for  apostasy. 
The  oldest  primitive  enactments  simply  forbid  the  wor- 
ship of  other  gods  without  suggesting  any  definite  pen- 
alty. One  law,  preserved  by  the  Elohistic  historian,  de- 
crees that  a  man  guilty  of  sacrificing  to  an  alien  god  shall 
be  placed  under  the  ban.  The  Deuteronomic  codes,  how- 
ever, enjoined  public  stoning  as  the  punishment  for  apos- 
tasy and  for  the  practice  of  certain  superstitions  which 
gave  clear  evidence  of  deliberate  infidelity  to  Jehovah. 
The  reason  for  this  increased  harshness  is  obvious.  Fidel- 
ity to  the  God  of  the  Hebrews  was  not  only  a  religious 
but  also  a  political  duty.  It  was  the  great  point  of  di- 
vision between  the  two  parties  in  Judah.  For  half  a  cen- 
tury the  heathenish  anti-prophetic  party  had  been  in  con- 
trol under  Manasseh  and  had  endeavored  to  exterminate 
by  the  sword  the  Jehovah  party.  All  that  was  best  in 
Judah 's  future  depended  upon  the  outcome  of  the  bitter 
conflict.  Among  all  ancient  Semitic  peoples  the  gods 
were  regarded  as  the  heads  of  the  state.  Pre-eminently 
was  this  true  of  the  Hebrews.  Religion  and  the  state  were 
closely  identified.  The  fact  that  in  the  days  of  Josiah  the 
forces  of  the  two  parties  in  Judah  were  so  evenly  balanced 
undoubtedly  drove  each  to  extreme  measures.  It  was  a 
state  of  war.  Infidelity  to  Jehovah  was  treason,  and  death 
is  still  the  punishment  of  a  traitor  who  endeavors  at  a 
62 


Israel's  Lawgivers  Criminal  Laws 

critical  moment  to  betray  his  country.  History  records 
no  clear  instance  in  which  the  death  penalty  was  act- 
ually inflicted  for  apostasy.  Possibly,  as  apparently  in 
the  case  of  certain  other  enactments,  the  aim  of  the  law- 
givers was  by  the  severity  of  the  penalty  to  awaken  the 
people  to  a  realization  of  the  heinousness  of  the  crime, 
and  by  fear  to  deter  them  from  committing  it.  An  author 
of  the  Holiness  code,  who  lived  after  the  age  of  Josiah 
and  in  the  light  of  a  broader  experience,  enjoined  that  the 
offering  of  human  sacrifice  should  be  punished  by  death, 
and  then — betraying  his  feeling  that  the  law  would  not 
be  rigorously  enforced — added,  if  the  people  do  not  exe- 
cute the  judgment,  Jehovah  himself  will  cut  off  the  culprit 
and  all  who  sympathize  with  him  (Lev.  20 : 4,  5). 

In  many  respects  the  most  persistent  and  insidious 
danger  which  assailed  the  exalted  Jehovistic  religion  pro- 
claimed by  the  true  prophets  was  the  influence  of  their 
false  brethren.  Claiming  to  be  the  spokesmen  of  Jehovah, 
using  the  same  formulas  as  the  genuine  prophets,  often 
enjoying  great  popular  favor  and  sometimes  doubtless 
half  self-deceived,  they  were  constantly  misleading  the 
people.  Some  were  evidently  secretly  in  league  with  the 
heathenish  anti-prophetic  party  ;  while  others  were  simply 
guilty  in  that  they  listened  to  the  voice  of  self-interest  and 
spoke  without  any  God-given  message.  From  the  time 
of  Ahab  (I  K.  22)  they  were  constantly  present  and,  until 
the  exile,  very  prominent.     Jeremiah,  on  all  occasions, 

63, 


Criminal  Laws  The  Messages  of 

was  confronted  and  his  influence  undermined  by  them. 
It  was  because  their  counsel  was  accepted  by  the  nation 
that  Judah  plunged  into  its  fatal  revolts  against  Babylon  ; 
and  their  lying  messages  almost  completely  neutralized 
the  teachings  of  the  true  prophets.  The  exile  so  com- 
pletely demonstrated  the  falsity  of  their  utterances  that 
they  ceased  to  be  a  serious  evil.  It  is  natural  therefore 
that  the  earlier  codes  and  also  the  later  Priestly  laws 
should  make  no  reference  to  them,  while  in  the  Deutero- 
nomic  codes  they  receive  much  attention,  and  are  placed 
in  the  list  of  the  most  dangerous  criminals. 

By  these  negative  and  often  harsh  laws  the  duty  of 
obedience  and  loyalty  to  the  Infinite,  as  he  revealed  him- 
self to  each  nation  and  individual,  was  impressed  upon 
the  minds  of  the  people.  They  represent  the  efforts  of 
devoted  priests  and  prophets  to  guide  the  weak  and  igno- 
rant and  erring  into  the  path  of  truth  and  to  save  them 
from  the  many  pitfalls  which  beset  their  way. 

I.  Worshipping  Other  Gods  (Ex.  34  :  14 ;  22  :  20  ;  23  :  24, 
32,  13b;  34:  15,  16;  20:3  ;  Dt.  5  :7;  6  :  14-16;  8: 
19,  20;  II  :  16,  17;  30  :  17,  18;  II  ;  26-28;  28  :  13; 
17  :  2-7) 

Primitive  Codes. 

Absolute 

loyalty  to         (J)  Let  no  Israelite  pay  homage  to  any  other  deity  than 
(Ex.  34:14)  Jehovah,  the  God  of  his  race,  who  has  already  revealed 

64 


IsraeVs  Laiv givers  Criminal  Laws 

himself  in  history  and  by  the  voice  of  his  prophets  as  by 
nature  intolerant  of  all  infidelity  toward  himself. 

The  one  who  by  an  act  of  worship  pays  homage  to  any  Penalty 
other  god  courts  certain  destruction.  ^  ^''^^''  ^°' 

(Js)  Instead  of  worshipping  the  gods  of  their  heathen  neigh-  Avoidance 
bors  the  Israelites   shall  destroy  them  and  all  the  insignia  of  temptation 
their  corrupt  religious  practices.     It  shall  be  a  crime  for  an  to  apostasy 
Israelite  to  speak  the  name  or  to  recount  the  attributes  of  any  32,  \y,) 
other  god  than  Jehovah. 

Let  the  Israelites  also  carefully  abstain  from  making  any  alii-  Evil  of  for- 
ances  with  the  neighboring  nations,  lest  they  should  thereby  aiK;e^(Ex. 
be  influenced  to  worship  the  gods  of  these  alien  peoples.  34  :  15. 16) 

Primitive  and  Deuteronomic  Codes. 

No  Israelite  shall  presume  to  acknowledge  as  his  Lord  *  Prohibition 
any  other  deity  than  the  God  of  his  race.  '%t.lV^'i" 

Deuteronomic  Codes. 

Let  all  members  of  the  Hebrew  race  remain  loyal  to  Disloyalty 
Jehovah  and  guard  carefully  lest  in  joining  with  their  dS^JlJction 
neighbors  in  the  worship  of  their  gods  they  prove  traitors  ^^^.'-g^.-^^'^" 
to  him.  Repeatedly  he  has  revealed  himself  as  a  God  20;  11:16, 
who  will   not  tolerate   in    his    followers   the  worship  of  Is)  ^° '  ^^' 

*  The  meaning  of  the  Hebrew  expression  "  to  my  face  "  or  "in  my  face," 
used  in  this  familiar  command,  is  obscure.  It  is  variously  translated:  "be- 
fore me,  beside  me,  in  my  presence,  openly  or  in  despite  of  me."  The 
meaning  "  openly  "  accords  closely  with  the  original  "  in  my  face"  and  is 
supported  by  a  similar  use  of  the  idiom  in  Job  i  :  11 ;  21:31;  Isa.  65  :  3. 

65 


Criminal  Laws  The  Messages  of 

other  deities.     Therefore  let  them  be  loyal  to  him,  lest  he 

bring  upon  them  great  national  calamities,  and,  if  they 

persist  in  their  infidelity,  destroy  them  completely. 

Fruits  of  Prosperity  and  political  power  await  the  people  of  Jeho- 

inffdSty"     vah,  if  they  are  true  to  him,  but  only  subjection  and  dis- 

(ti  :  26-28; 
28  :  13) 


aster,  if  they  prove  untrue. 


The  public         (D^)  If  it  is  reported  and,  after  careful  investigation  by  the 

of'apostasy    proper  authorities,  established  with  certainty  by  the  testimony 

by  the  com-  ^f  j^q  q^  more  witnesses  that  within  a  certain  city  or  commu- 

munity  ^ 

(Dt..i7  :  2-7)  nity  a  man  or  woman  has  deliberately  disregarded  his  obligation 

as  a  member  of  the  Hebrew  nation  to  be  loyal  to  Jehovah  and 
worshipped  the  gods  of  the  surrounding  nations  or  the  astral 
deities  of  the  Assyrians,  that  one  shall  be  put  to  death  by  ston- 
ing outside  the  gates  of  the  town.  The  witnesses  against  the 
traitor  shall  take  the  initiative  in  carrying  out  the  sentence  and 
shall  be  aided  by  all  members  of  the  community,  that  it  may 
thereby  be  delivered  from   the  guilt  of  one  of  its  number. 

2.  Solicitation  to  Religious  Apostasy  (Dt.  13  :  1-18) 

Deuteronoinic  Codes. 

A  prophet         If  there  appears  in  the  community  one  who  claims  to 

^7y"u)be°^  be  a  prophet  or   to   be   the  recipient  of   certain  revela- 

S"trSo?  ^^  ^'^^^^  through  the  medium   of  dreams  and   confirms  his 

(Dt.  13 :  1-5)  claims  by  giving  certain  signs  or  portents  which  come  to 

pass  as  he  declares,  be  not  misled  by  him — even  though 

his  statements  be  thus  well  attested — if  he  endeavors  to 

66 


Israel's  Lawgivers  Criminal  Laws 

persuade  you  to  worship  other  gods  than  Jehovah.  In 
God's  providence  he  is  allowed  thus  to  tempt  you  in  or- 
der to  test  the  strength  of  your  love.  Be  true  to  the 
Lord  your  God  and  to  his  commands,  for  this  duty  is  su- 
preme over  all  others.  As  for  the  one  who  sought  to 
mislead  you,  he  is  guilty  of  treason  against  your  divine 
King  and  Protector  and  is  a  menace  to  the  welfare  of 
the  community.  Therefore  put  him  to  death  as  a  crim- 
inal and  thus  deliver  the  state  from  a  source  of  danger. 

Similarly,  if  your  own   brother,  or  son  or  daughter  or  Also  a  near 
wife  or  most  intimate  friend  in  secret  seeks  to  influence  frJend"^  °^ 
you  to  join  in  worshipping  any  god  whatever,  other  than  ^^3 :  6-11) 
Jehovah,  be  not  misled  nor  show  pity  to  the  traitor  by 
concealing  his  crime.     It  is  your  duty  to  take  the  initi- 
ative in  putting  the  guilty  one  to  death  and  the  commu- 
nity shall   assist  you.      His  crime   is   so    insidious  and 
deadly  that  he  shall   be  publicly  stoned  that  all  mem- 
bers of  the  community  may  be  impressed  and  deterred 
from  committing  a  similar  enormity. 

If  it  be  proven,  after  careful  investigation,  that  the  in-  A  town 
habitants  of  any  Israelitish  town  have  been  influenced  by  fJosTasy  to 
certain  apostate  Hebrews  to  abandon  the  worship  of  Jeho-  ancfS^in^^^ 
vah,  then  it  is  the  duty  of  the  nation  to  slay  all  the  citizens  habitants 
of  that  town  and  to  spare  nothing  alive — not  even  the  (13: 12-18) 
animals.     The  spoils  also  shall  be  gathered  together  in 
the  open  squares  of  the  town  and  burned.     Nothing  shall 
be  left  or  taken  away,  but  everything  of  value  shall  be  de- 

67 


Criminal  Laws  The  Messages  of 

stroyed,  and  the  town  shall  be  reduced  to  a  ruin ;  for  only 
in  this  way  is  it  possible  to  avert  the  righteous  indigna- 
tion of  Jehovah  and  to  secure  that  prosperity  and  favor 
which  he  will  bestow  upon  an  obedient  nation. 

3.  Idolatry  (Ex.  34:  17;  20:  23,4-6;  Dt.  5  :  8-10;  16: 
21,  22;  7:5;  12  :  2,  3;  27:15;  4:15-28;  Lev.  19:4; 
26:1) 

Primitive  Codes. 

Prohibition       (J)  The  Hebrews  shall  not,  like  the  Canaanites,  set  up 
fdoMEx.     at  their  public  shrines,  as  objects  of  their  worship,  reprc- 

34: 17;  20:    sentations  in  metal  of  the  traditional  Semitic  gods. 
23) 

(E*)  They  are  absolutely  forbidden  to  worship  any  image* 
of  silver  or  gold. 

Primitive  and  Deuteronomic  Codes. 

Prohibition       No  Hebrew  shall  worship  in  private'  or  in  public  the 

(Ex^2o°%-  ii^age  of  a  deity,  cut  out  of  wood  or  stone,  nor  any  repre- 

Dt.  5: 8-10) »  sentation  of  any  object  in  all  the  universe,  for  Jehovah  will 

tolerate  no  such  infidelity  but  will  punish  it  with  the  utmost 

severity.     He  will  in  turn  be  gracious  toward  all  who  love  him 

loyally  and  faithfully  do  his  will. 

1  The  commandment,  with  its  detailed  explanation  and  exhortations,  b 
repeated  without  important  variation  in  Dt.  5  :  8-10. 

•  Graven  images  made  from  wood,  and  sometimes  stone  (Ex.  21 :  9),  were 
unlike  the  molten  images,  inexpensive,  and  therefore  like  tht  penates  of  the 
Roman,  common  possessions  of  private  individuals. 

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Israel's  Lawgivers  Criminal  Laws 

Deuteronomic  Codes. 

None  of  the  chosen  people  of  Jehovah  shall,  in  imitation  Avoidance 
of  the  Canaanites,  plant  poles  as  sacred  symbols*  beside  symbolism 
an  altar'''  which  they  shall  rear  to  the  God  of  their  race.  ^^^-  ^6:21, 
Neither  shall  they  set  up  any  of  those  stone  blocks  or 
pillars  which  are  revered  by  their  heathen  neighbors  but 
which  are  loathsome  to  Jehovah  because  of  their  debasing 
associations. 

The  Israelites  must  destroy  all  the  ancient  shrines  on  Destruction 
the  high  places  and  beneath  the  sacred  trees  where  the  hcatheJ     "* 
former  idolatrous  inhabitants  of  Canaan  worshipped  their  ^y'"^^.^  ^7: 
heathen  gods.     They  must  tear  down  their  altars,  shatter 
their  stone  symbols,  burn  their  sacred  poles,  and  cut  into 
pieces   their  wooden   idols   that  they  may  obliterate  all 
traces  and  suggestions  of  the  old  debasing  cults. 

In  the  public  ritual  of  imprecation  the  priests  shall  declare:  A  curse  upon 
"A  curse  upon  the  man   who  causes   an   image  of  wood  or^^^^^^.^^^ 
metal  to  be  made  by  an  idol-maker  and  then  sets  up  secretly  as 
an  object  of  worship  this  abominable  thing ;  "  and  the  people 
in  chorus  shall  solemnly  respond  :  "  So  may  it  be." 

In  the  solemn  address  which  the  writers  of   the  Book  of 

»  The  Asherah  was  of  wood  and  planted  near  the  altars  on  the  high 
places.  It  probably  symbolized  the  sacred  trees  which  were  widely  wor- 
shipped by  the  ancient  Semites.     Cf.  Driver,  Deuteronomy,  pp.  202,  203. 

'  The  law  is  evidently  quoted  from  an  old  source,  for  the  formula,  "  the 
altar  which  thou  shalt  make  thee,"  is  that  of  the  primitive  (cf.  Ex.  20 :  24), 
not  of  the  Deuteronomic  codes. 

.      69 


Criminal  Laws  The  Messages  of 

Idols  are       Deuteronomy  put  in  the  mouth  of  Moses,  when  the  Israel- 
meSn^ess  ^^es  were  about  to  enter  the  land  of  their  abode,  he  exhorts 
to  worship-    them  :    * '  Remember  that,   on  that    memorable  day  when  Je- 
S  who  is    hovah  revealed  himself  to  you  out  of  the  flaming  fire  on  Mount 
1S-2V'*'        Horeb,  you  saw  no  objective  form.     Do  not  make  the  mistake 
of  your  heathen  neighbors  and  think  that  the  form  of  anything 
that  lives  in  earth,  air  or  water,  or  even  the  heavenly  bodies 
worthily  represents  the  invisible  Spirit  who  has  revealed  his 
true  character,  as  a  God  of  omnipotent  might  and  infinite  love, 
in  the  remarkable  deliverances  which  have  come  to  you  as  a 
nation.     Remember  also  that  in  the  solemn  covenant  which 
you  made  with  him  you  agreed  to  make  and  to  worship  no 
graven  image.     Woe  to  you,  if  you  forget,  for  he  will  brook 
no  rival  in  your  affection  and  his  judgment  is  as  quick  and 
destructive  as  the  lightning  flash. 
National  de-      ' '  If,  when  you  are  settled  in  the  land  of  Canaan,  you  or  your 
Ixile'the^"'^  descendants  at  any  time  turn  to  the  worship  of  idols  and  there- 
penalty  of     by  arouse  Jehovah's  righteous  wrath,  be  assured  that  you  will 
(4°  25-28)      cease  to  exist  as  a  nation  and  the  few  who  survive  wholesale 
destruction  will,   as   exiles    in    a   heathen    land,  worship  the 
dumb,  senseless,  helpless   idols  which    will  prove  their  un- 
doing." 

Priestly  Codes. 

Jehovah,  not  (P*")  Put  not  youF  trust  in  vain  idols  and  do  not  set  up 
lrue%i5ect  images  of  wood  and  metal  as  the  object  of  your  worship. 
hlmTe^^  Do  not  imitate  your  heathen  neighbors  in  rearing  sym- 
(Lev.  19:4;  bolic  pillars  or  stones  with  representations  of  the  deities 

70 


IsraeVs  Lawgivers  Criminal  Laws 

in  relief.    Pay  not  to  these  inanimate  objects  the  reverence 
and  homage  due  to  Jehovah  your  God  and  Deliverer. 

4.  Divination  and  Sorcery  (Ex.  22  :  18;  Dt.  18  :  9-14; 
Lev.  18  :  3,  24  ;  20  :  23,  27 ;  19  :  26b,  31  ;  20 ;  6) 

Primitive  Codes. 

(E)  A  woman'  [or  man]  who  practises  the  heathen  arts  Death  or 
of  sorcery  shall  not  be  allowed  to  live  within  the  territory  sorceress 
of  Israel.  (E^-  "  =  ^8) 


Deuteronomic  Codes. 

To  protect  the  Hebrews  from  the  insidious  temptations  No  form  of 

to  apostasy  no  representatives  of  the  heathen  superstitions  supers^dtibn 

shall  be  tolerated  in  the  land  of  Israel.     All  alike  shall  be  *°  be  toler- 
ated in        J 

expelled  or  put  to  death  :  those  who  sacrifice  their  chil-  Israel 
dren,  those  who  claim  that  they  are  able  to  secure  a  mes-  9-14) 
sage  from  the  gods  by  means  of  the  lot,'*  those  who  pre- 
tend  to  be  able  to  render  decisions  by  observing  the 
clouds,'  those  who  observe  omens,*  sorcerers,  those  who 

1  Sorcery  was  practised  by  men  as  well  as  women,  but  more  commonly 
by  the  latter,  as  is  suggested  by  the  form  of  the  present  law.  So  also  among 
the  Greeks  and  Babj'lonians. 

'  The  Hebrew  word  translated  "divination"  occurs  also  in  the  Arabic, 
where  it  means  to  secure  a  divine  decision  by  casting  lots.  For  this  purpose, 
among  the  Arabs,  arrows  marked  with  possible  answers  were  placed  in  a 
quiver  and  then  whirled  until  one  fell  out. 

•  The  exact  form  of  divination  intended  is  doubtful. 

*  Usually  the  flight  of  birds.  Among  the  Romans  this  class  was  repre- 
sented by  the  augur. 

71 


Criminal  Laws  The  Messages  of 

claim  to  be  able  to  compose  spells  and  incantations,  spirit- 
ualists who  pretend  ^  to  consult  ghosts  and  familiar  spir- 
its, or  those  who  seek  to  inquire  of  the  dead.'  All  these 
detestable  superstitions  were  in  vogue  among  the  former 
inhabitants  of  Canaan  and  for  that  reason  Jehovah  drove 
them  out  before  the  Israelites. 

Priestly  Codes. 

To  avoid  all  (P*^)  Let  not  the  Hebrews  imitate  the  detestable  relig- 
(Lev^ts-^io^s  practices  of  the  Egyptians  and  Canaanites,  lest  they 
24 ;  20 :  23)  i^g  defiled  thereby  and  forfeit  Jehovah's  favor. 
Death  to  all  Any  man  or  woman  who  practises  spiritualism,  claim- 
tliTth'eTe^  ing  to  be  able  to  consult  ghosts  and  familiar  spirits,  shall 
yt^^^  be  treated  as  a  public  criminal  and  be  stoned  to  death. 

(Lev.  20:  27;  *^ 

19  :  26b)        His  fate  is  the  consequence  of  his  own  doing,  for  he  de- 
liberately played  the  traitor  to  Jehovah.     The  observing 
of  natural  omens  and  all  kindred  superstitions  are  also 
under  Jehovah's  ban. 
Divine  judg-     The  Hcbrews  shall  also  never  consult  these  representa- 
^fwho'^con-  tives  of  heathen  superstitions.     Whoever  believes  in  ghosts 
(Lev^^"'  I-  ^"^^  familiar  spirits  and,  forgetting  Jehovah  and  his  com- 
20:6)        '  mands,  turns  to  these  for  guidance  will  be  destroyed. 

1  The  Greek  text   translates  "ventriloquists,"  suggesting   the  method 
whereby  the  deception  was  perpetrated. 

2  Apparently  a  comprehensive  term  including  the  two  preceding  and  all 
other  forms  of  spiritualism. 


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IsraeVs  Lawgivers  Criminal  Laws 

5.  Sacrifice  of  Children  to  Heathen  Gods  (Dt.  12 :  29-31 ; 
18  :  loa ;  Lev.  18:21*;  20  :  2-5) 

Deuteronomic  Codes. 

When  Jehovah  has  destroyed  before  you  the  former  Human 
^habitants  of  Canaan  make  not  the  the  mistake  of  think-  "^Jg  "1°°? 
ing  that  you  must  worship  the  ancient  gods  of  the  land,  f  JJ^^j^  ^" 
To  Jehovah  the  practices  of  these  corrupt  Canaanites  are  (Dt-  " :  ag- 
in the  highest  degree  displeasing,  for  in  their  blind  super-  ^ 
stition  they  even  offer  their  children  as  burnt  offerings  to 
their  gods.     Tolerate  no  one  in  your  midst  who  commits 
this  double  crime  of  apostasy  and  injustice.* 

Priestly  Codes. 

(Ph)  Let  no  Israelite  sacrifice  his  offspring  to  the  Canaan-  Any  one 
fte  god  Moloch  (Milk) '  in  accordance  with  the  ancient  S*b7put  to 
heathen  rite.     The  one  who  commits  such  a  horrible  crime  Jj*^,,/.^^' 

»  The  exact  meaning  of  the  expression  "  to  cause  to  pass  through  the  *  '  ^ 
fire,"  is  not  clear,  although  it  occurs  frequently  in  the  Old  Testament.  It 
suggests  an  ordeal  in  which  the  victim  was  made  to  pass  through  the  flames, 
but  it  is  employed  apparently  to  describe  the  same  rite  as  is  designated  in 
Lev.  20  :  2  as  "  giving  one's  seed  to  Moloch  "  (or  Milk),  and  in  Dt.  12  :  31 
as  "  bringing  their  children  to  their  gods."  Human  sacrifice  certainly  was 
in  vogue  among  the  peoples  of  Canaan. 

'  This  god  was  worshipped  extensively  by  the  Phoenicians ;  and,  judging 
from  its  form  when  translated  into  the  Greek,  the  name  should  properly 
be  vocalized  Milk.  The  radicals  are  the  same  as  those  which  appear  in  the 
name  of  the  Ammonite  god  Milcom,  but  the  two  deities  appear  to  have 
been  distinct.  The  word  itself  means  King,  cf.  Driver,  Deuteronomy,  p. 
223. 

.73 


Criminal  Laws  The  Messages  of 

shall  be  publicly  stoned  to  death  by  the  community,  for 
by  his  treason  he  has  brought  disgrace  upon  Israel's  re- 
ligion. 
Jehovah  If  the  people  of  Israel  fail  to  do  their  duty  and  to  put  to 

the  guiitygo  death  such  an  impious  criminal,  Jehovah  himself  will  ex- 
Slev^ao*'!  ^c"t^  judgment  upon  the  culprit  and  upon  his  family  and 
5)  upon  all  in  the  community  who  unite  or  sympathize  with 

him  in  the  abominable  rite. 

6.  Blasphemy  (Ex.   22:28*;    20  :  7  ;    Dt.  5  :  1 1 ;    Lev. 
19:12;  18  :  21^ ;  24  :  15b,  16,  10-14,  23) 

Primitive  Codes. 
Blasphemy       (E)  Let  no  Israelite  scorn  or  speak  impiously  of  the 

(Ex.22:28«)  „    J  '     ,  .  ^  r  3 

God  of  his  race. 

Primitive  and  Deuteronomic  Codes. 

The  divine       (E)  Let  no  Israelite  vainly,  impiously  or  for  a  base  end  * 

be  misuse/  employ  the  sacred  name  which  represents  the  character  of 

S^'^Tii) '  ^^^  OoA,  for  if  he  without  a  worthy  purpose  speaks  the 

divine  name,  God  will  not  overlook  the  offence. 

*  The  Hebrew  idiom  translated  "  in  vain  "  has  a  variety  of  meanings  and 
was  probably  used  by  the  lawgiver  to  include  the  different  types  of  sin  which 
the  figure  suggested.  It  means  (i)  for  nothing,  purposelessly,  with  the  im- 
plication of  flippantly,  and  hence  irreverently.  (2)  In  the  minds  of  the 
lawgivers  swearing  for  nothing  might  also  include  certain  forms  of  necro- 
mancy, divination  and  especially  false  prophecy.  (3)  Swearing  to  nothing, 
i.e.,  false  swearing.  (4)  The  expression  also  means  for  destruction,  which 
would  include  the  use  of  the  divine  name  to  harm  another,  as  in  a  curse. 

74 


Israel's  Lawgivers  Criminal  Laws 

Priestly  Codes. 

(Ph)  Do  not  defame  the  sacred  name  of   Jehovah  in  the^dt^ne 
swearing  by  it  to  what  is  untrue.  (SSr^ig :  i2> 

(Pii)  Do  not  treat  irreverently  the  sacred  name  of  your  Death  the 
God.     Whoever  speaks  scornfully  or  impiously  of  Jeho-  bkspheniy 
vah  commits  a  crime  punishable  by  death.     Whether  he  ^^t^T;^^ "  b 
be  a  native  or  resident  alien  //  t's  the  duty  of  the  commu-  i6) ' 
nity  to  execute  judgjnent  by  public  stoning. 

(Ps)   It  is  recorded   that    when  the   Hebrews  were  in  the  A  traditional 

wilderness  the  son  of  an  Israelitess  by  an  Egyptian  husband,  blasphemy 

in  a  quarrel  with  an  Israelitish  man,   used  irreverently  the  punished 

^  ^  (Lev.  24:10. 

sacred  name  of  Jehovah  and  was  brought  before  Moses  for  14,  23) 

judgment.     He  caused  the   guilty  blasphemer  first  to  be  led 

without  the  camp ;  then  he  commanded  the  witnesses   to  lay 

their  hands  upon  the  culprit ;  after  that  all  the  people  united 

in  stoning  the  guilty  man  to  death. 

7.  False  Prophecy  (Dt.  13:1-5;*  18  :  19-22) 

Deuteronomic  Codes. 

Whenever  a  prophet  refuses  to  heed  and  proclaim  the  Death  to  the 
message  which  he  receives  from  Jehovah,  he  shall  be  spea^rvJIth^ 
punished  i)y  God  for  his  unfaithfulness.     If,  influenced  °"*  ^.'^'X^"* 

*  '  '  commission 

by  base  motives,  he  perverts  his  sacred  office  and  pro-  (Dt.  18 :  19- 
claims  in  Jehovah's  name  or  in  the  name  of  heathen  gods 
a  message  of    his  own  fabrication,  he  shall  pay  for  his 

*  For  the  law  commanding  the  putting  to  death  of  an  apostate  prophet 
who  tries  to  lead  the  people  into  treason  against  Jehovah,  compare  p.  67. 

75 


Criminal  Laws  The  Messages  of 

crime  with  his  life.*  The  fulfilment  or  non-fulfilment  of 
his  prediction  shall  determine  whether  the  prophet,  who 
spoke  in  the  name  of  Jehovah,  is  true  or  false. 

8.  Desecration  of  the  Sanctuary  and  Sacred  Things  (Lev. 
19  :  30'' ;  Num.  4 :  17-20;  18  :  22 ;  3  :  sS** ;  Lev.  22  : 3  ; 
7  :  20,  21) 

In  later  Jewish  thought  the  sanctity  associated  with 
Jehovah's  person  and  his  name  (which  represented  his 
character)  was  extended  to  his  sanctuary  and  the  objects 
of  his  ceremonial  service.  The  laws,  which  are  found 
only  in  the  Priestly  codes,  are  characteristic  of  the  later 
ritualistic  development  of  Judaism. 

Priestly  Codes. 
Reverence        (P**)  The  Israelites  shall  regard  the  sanctuary  of  Jehovah 
uaiy  Ifiv?*  with  awe  and  reverence  even  as  they  do  Jehovah  himself. 

XQ ;  30**) 

Exclusion  of     (P^  The  Levitical  family  of  the  Kohathites  shall  have  their 

priests  from  appointed  duties,  but  are  forbidden  ever  to  enter  or  behold  the 

the  sanct-      interior  of  the  sanctuary  lest  Jehovah  slay  them.     The  Israel- 

4: 17-20;  18:  ites  also  shall  not  approach  to  the  sacred  place  where  Jehovah 

32 :  3  •  38  )    especially  reveals  himself,  lest  they  incur  his  displeasure  and 

he  punish  them  with  death.    A  resident  alien,  who  thus  defiles 

the  holy  place,  shall  be  put  to  death. 

>  Evidently  here  it  is  Jehovah  who  must  execute  the  judgment,  for  the 
test  required  time  and  was  not  in  all  cases  conclusive,  since  not  all  the  de- 
tailed predictions  of  the  true  prophets  were  fulfilled  and  the  false  prophets 
doubtless  sometimes  made  fortunate  guesses. 

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Israels  Lawgivers  Criminal  Laws 

(P**)  Any  priest,  who,  when  he  is  ceremonially  unclean,  Pollution  of 
touches  the  things  which  have  been  consecrated  to  Jeho-  ^^^'^^Ty. 
vah,  shall  become  the  object  of  Jehovah's  destructive  ^  =  ~« «») 
wrath. 

(P»)  Likewise  any  priest,  who,  when  he  is  ceremonially 
unclean,  eats  of  the  portions  of  the  sacrificial  offerings  due 
him,  shall  be  punished  with  death  by  Jehovah. 

9.  Labor  on  the  Sabbath  '  (Ex.  34 :  21 ;  23 :  12 ;  20 : 8-1  x  ; 
Dt.  5:  12-15;  Lev.  I9:3^3o»;  26:2*;  Ex.  35:2,  3; 
31  :  13-17;  Num.  15:32-36) 

If  the  sabbath  be  of  Babylonian  origin  or  if  it  was 
known  to  the  ancestors  of  the  Hebrews,  while  they  were 
still  nomads,  unable  to  cease  from  the  daily  care  of  the 
flock,  rest  from  work  was  not  at  first  its  most  prominent 
characteristic*  The  fact  that  this  is  the  chief  element 
emphasized  in  the  oldest  Hebrew  laws  is  suggestive  of 
their  comparatively  late  origin.  In  the  prophetic  deca- 
logue it  is  first  spoken  of  as  a  holy  day  as  well  as  a  day 
of  rest.  In  the  primitive  code  of  Exodus  23: 12  it  is  a 
day  of  rest  for  the  refreshing  of  laboring  beasts  and  men. 

»  The  aim  of  the  sabbath  is  variously  interpreted  in  the  diflFerent  laws,  so 
that  a  failure  to  observe  it  might  either  be  designated  as  a  crime  against 
Jehovah  or  against  man  and  beast.  The  order  in  the  prophetic  decalogue 
suggests  the  present  classification. 

"  For  a  fuller  treatment  of  the  origin  of  the  institution  see  the  chapter  on 
••The  Pre- Exilic  Calendar." 

77 


Criminal  Laws  The  Messages  of 

In  the  later  Priestly  codes  it  is  designated  as  Jehovah's 
day,  and  absolute  cessation  from  all  secular  labor  is  en- 
joined because  it  is  holy  to  the  Lord.  Nothing  is  said  of 
man's  need.  Thus  before  the  close  of  the  Old  Testament 
canon,  the  sabbath  ceased  to  be  thought  of  as  being  for 
man,  and  instead  man  was  conceived  of  as  made  for  the 
sabbath — a  conclusion  which  Jesus  sternly  condemned, 
thereby  confirming  the  older  and  simpler  and  truer  concep- 
tion of  its  real  character.  The  various  motives  urged  by  the 
different  lawgivers  for  the  observation  of  the  sabbath  are 
evidence  of  the  varying  conceptions  of  its  significance.  In 
one  case  the  reason  advanced  is  that  all  may  rest,  in  an- 
other that  especially  the  beasts  and  servants  may  have 
rest,  in  another  it  is  because  at  the  creation  God  himself 
set  the  example  of  resting  on  the  seventh  day,  in  another 
it  is  because  the  day  is  holy  to  Jehovah,  in  another  it  is  to 
be  observed  as  a  memorial  of  the  deliverance  from  Egypt, 
and  in  still  another  it  is  the  sign  of  the  covenant  between 
Jehovah  and  his  people.  Throughout  all  the  laws,  how- 
ever, the  chief,  as  well  as  the  first  reason  urged  is  that 
man  may  have  the  rest  necessary  for  his  best  develop- 
ment. This  is  also  in  keeping  with  the  meaning  of  the 
word  sabbath,  which  is  derived  from  a  root  which  signi- 
fies to  remain  standing,  to  rest.  Thus  in  the  ultimate 
analysis  sabbath  observation  is  based  upon  the  innate 
need  of  man  for  a  regular  and  definite  period  of  rest  to 
insure  his  best  physical,  mental  and  spiritual  development. 

78 


Israels  Lawgivers  Criminal  Laws 

Experience  and  science,  as  well  as  the  teaching  of  Jesus, 
confirm  the  law  which  God  established  when  he  made 
man  what  he  is. 

Primitive  Codes. 

(J)  Six  days    shall  every  Israelite  labor,  but  on  the  Prohibition 
seventh  shall  he  rest  and  refrain  from  all  work,  in  the  (Ex.  34T21) 
busy  sowing  time  and  harvest  as  well  as  in  winter.* 

(E)  Six  days  shall  every   Israelite  labor,  but   on   the  Rest  for 
seventh  shall  he  rest  and  cease  from  all  work ;  that  his  ^°ast*and 
beasts  of  burden  and  the  members  of  his  family  may  all  "^"jaf*" 
regain  their  strength  and  energy. 

(E)  So  regard  the  seventh  day  of  rest  that  you  will  ob-  Observe 
serve  it  as  sacred,  distinct  from  all  other  days  of  the  week,  day  jTs^^" 

Accomplish  all  your  labor  in  the  six  preceding  days  that  Jehovah 
you  may  consecrate  the  seventh  to  God,  doing  in  it  no  work  ^  ^  *  *°  *  ^ 
and  allowing  no  man  or  beast  in  your  household  to  labor  (P), 
thus  following  the  example  of  God  himself,  who  rested  on  the 
seventh  day  of  creation  and  thereby  consecrated  it  to  rest.' 

1  The  second  part  of  this  command  appears  to  be  an  explanatory  addi- 
tion to  indicate  that  the  law  has  no  exceptions.  This  is  confirmed  by  its 
absence  in  Ex.  23,  which  here,  as  in  the  case  of  other  commands,  repeats  the 
original  portion  of  the  primitive  laws  in  Ex.  34. 

'  Although  the  idioms  in  verse  11  are  slightly  different  from  those  used 
in  Gen.  i :  i  to  2  :  4*,  the  resemblances  are  numerous  and  the  idea  is  iden- 
tical  and  peculiar  to  the  priestly  writers  who  probably  added  this  supple* 
ment. 


79 


Criminal  Laws  The  Messages  of 

Deuteronomic  Codes. 
The  sabbath     So  observe  the  seventh  day  of  rest  that  you  will  make 
to  Go"  and   it  sacrcd,  distinct  from  all  other  days  of  the  week.     Ac- 
onabori"*   complish  all  your  labor  in  the  six  preceding  days  that  you 
man  and       may  consecrate  the  seventh  to  God,  doing  in  it  no  work 

beast  (Dt.  /    „        .  ,  .  .,,.,. 

5 :  13-15)  and  allowmg  no  man  or  beast  m  your  household  to  labor 
that  your  servants  dependent  upon  you  may  rest  as  well 
as  yourself.  Forget  not  that  you  also  were  once  serfs  in 
the  land  of  Egypt  and  that  Jehovah  by  a  mighty  miracle 
delivered  you  from  thence,  and  has  commanded  you  to 
observe  the  seventh  day  of  rest  as  a  memorial  of  that  de- 
liverance.* 

Priestly  Codes. 
Jehovah's        (P^)  The  Israclitish  people  shall  faithfully  observe,  as 
J ^^^I;* 3^. ^sacred  to  Jehovah,  his  sabbaths  even  as  he  has  com- 
»^-*'>         manded  them. 

(P)  Six  days  shall  be  devoted  to  labor  and  the  seventh 

>  The  variations  in  the  two  versions  of  the  fourth  command  found  in  Ex. 
20  and  Deut  5  extend  even  to  the  original  brief  form  where  "  Remember  " 
is  used  in  the  one,  and  the  more  usual  expression,  "  Observe,"  in  the  other. 
To  the  first  a  priestly  writer  has  apparently  appended,  as  the  fundamental 
reason  for  observing  the  seventh  day,  the  statement  that  Jehovah  first  set 
the  example ;  while  in  the  Deuteronomic  version  two  distinct  reasons  are 
given :  the  one— in  accord  with  the  spirit  of  the  Deuteronomic  codes — is 
that  man  and  beast  may  have  an  opportunity  to  rest ;  the  other  is  that  it  is 
to  keep  the  Hebrews  in  remembrance  of  their  deliverance  from  Egypt  and 
of  their  dependence  upon  Jehovah.  This  tendency  to  multiply  reasons  wit- 
nesses to  the  importance  attached  to  the  sabbath  even  before  the  exile. 
80 


Israels  Lawgivers  Criminal  Laws 

shall  be  sacred  to  Jehovah,  solemnly  devoted  to  rest  as  he  Death  to  the 
has  commanded.     The  man  who  defiles  the  holy  day  by  SJj^g"  ^^y 
doing  any  work  therein  is  guilty  of  a  crime  which  shall  be  Y^hQ^^jJ, 
punished  by  death.*    All  secular  work  is  absolutely  for-  holy  day 
bidden  on  the  sabbath,  even  the  kindling  of  a  fire  in  or-  3)''*  ^^ '  ^' 
der  to  provide  food  for  the  family. 

(Ph)  The  Israelitish  people  shall  observe  the  sabbath  as  The  sab- 
sacred  to  Jehovah,  since  it  is  a  meTnorial  of  the  covenant  sign  of  the 
which  has  been  established  for  all  time  between  them  and  ^^^^^Tj^^ 
him,  and  a  reminder  that,  as  the  seventh  day  is  set  apart  vah  and  his 

people  (Ex. 

as  sacred,  even  so  have  they  been  set  aside  by  God.  31 :  13-17) 
Therefore  the  Israelite  who  labors  on  the  sabbath  shall 
be  put  to  death?  Jehovah  himself  will  execute  the  sen- 
tence upon  the  offender.  Let  every  Israelite  sacredly  ob- 
serve this  memorial  of  the  holy  covenant,  for  Jehovah 
himself  at  creation  established  this  sign,  resting  after  his 
six  days  of  labor. 

(Ps)  As  illustrating  the  application  of  the  sabbath  law  it  is  A  tradition- 
reported  that  while  the  Israelites  were  in  the  wilderness  a  man  fNum^sT 
was  found  gathering  sticks  with  which  to  build  a  fire  on  the  32-36) 

'  The  Talmudic  law  punished  by  stoning  to  death  as  a  traitor  the  one 
who  persistently  defied  the  authorities  and  openly  violated  this  law.  For 
unintentional  work  on  the  sabbath  the  culprit  was  compelled  personally  to 
sacrifice  a  sin-offering  at  the  temple  for  each  j^ncipal  act  of  labor  or  for  each 
sabbath  thus  violated,  unless  he  entirely  forgot  the  principle  of  sabbath  ob- 
servation, in  which  case  one  sin-offering  sufficed. 

'  The  later  rabbis  read  this  law,  "  Many  deaths  shall  he  die,"  and  inter* 
preted  it  to  mean,  "  he  shall  bring  a  sin-offering  which  costs  money." 
81 


Criminal  Laws  The  Messages  of 

sabbath.  He  was  brought  before  Moses  who,  after  consult- 
ing Jehovah,  decided  that  all  the  people  should  take  part  in 
stoning  the  offender  to  death.* 


IV 

CRIMES   AGAINST    PARENTS 

(Ex.  21  :  17;   20  :  12;  Dt.   5  :  16;  21  :  18-21 ;  27:  16; 
Lev.  19  :  3a;  20  : 9) 

In  experience,  as  well  as  in  the  minds  of  the  biblical 
writers,  obedience  to  human  parents  is  closely  related  to 
obedience  to  God.  The  attitude  of  reverence,  gratitude 
and  loyalty  toward  those  who  begat  and  bore  him  is  essen- 
tial if  the  child  is  to  develop  the  same  feeling  toward  his 
divine  Creator.  Also  in  a  social  organization,  like  that 
of  the  Hebrews,  based  upon  the  family  the  authority  of 
the  parents  must  be  recognized,  if  the  integrity  of  society 
was  to  be  preserved.  Hence  the  Israelitish  lawgivers 
employed  the  most  strenuous  means  to  insure  obedience. 
The  Hebrew  parent  was  recognized  as  the  head  of  the 
family  even  after  his  children  had  attained  to  maturity, 
but,  like  the  sheik  of  an  Arab  tribe,  he  had  no  power  to 
compel  obedience  and*reverence,  except  the  influence  of 

»  The  motive  which  probably  shaped  this  tradition  is  apparent.  It  be- 
longs to  the  latest  stratum  of  the  written  law  and  has  many  points  c£  rela- 
tionship with  the  haggadic  literature. 

82 


Israel's  Lazvgivers  Criminal  Laws 

custom  and  the  consent  of  those  concerned.  In  reality 
he  had  no  such  absolute  authority  over  his  offspring  as 
did  the  Roman  parent.  Into  the  hands  of  the  commu- 
nity, therefore,  was  placed  the  power  and  responsibility 
of  punishing  disobedience  or  disloyalty.  Each  of  the 
codes  authorizes  the  use  of  the  extreme  penalty,  but  no 
cases  are  recorded  of  its  use.  It  seems  to  have  been 
minatory  rather  than  practical. 

Primitive  Codes. 

(E)  The  son  who  deliberately  calls  down  imprecations  Death  to  the 
upon  either  of  his  parents  shall  be  put  to  death  by  the  Jex??!  ^17) 
ruling  authorities. 

Primitive  and  Deuteronomic  Codes. 

Show  respect  to  the  parents  who  bore  you,  even  as  Jeho-  Filial  piety 
vah  has  directed'  that  you  may  thereby  be  assured  of  the  long  ^"'^H^^jf" 
life   and    prosperity  which  he  gives  to  those   who   faithfully  20:  12;  Dt. 
discharge  their  filial  duties. 

Deuteronomic  Codes. 

If  a  son  persistently  and  defiantly  disobeys  his  parents'  Public  exe- 
commands  and  does  not  respond  even  though  they  punish  peJli'sVntiy 
him,  then  they  shall  bring  him  before  the  elders  at  the  ^'^"'^^'^'^"^ 

°  sou  (Dt.  21 : 

gate  of  their  village  and  shall  publicly  state  that  he  is  18-21) 
defiant,  disobedient,  profligate  and   intemperate.     After 
the  case  has  been  presented,  all  the  men  of  the  town  shall 

»  This  additional  idea  is  peculiar  to  the  Deuteronomic  version. 

83 


Criminal  Laws  The  Messages  of 

join  in  stoning  him  to  death  that  by  a  signal  public  ex- 
ample the  community  may  be  delivered  from  the  danger- 
ous crime  of  filial  disobedience. 

Acurseuiwn     (D*)  In  the  public  ritual  of  imprecation  the  priests  shall 
fuf  child"  '"    solemnly  declare  :  "  A  curse  upon  every  one  who  is  disrespect- 
(27 :  16)         f^l  Qr  undutiful  to  either  of  his  parents,"  and  all  the  assembled 
people  shall  respond  in  chorus  "  So  may  it  be." 

Priestly  Codes. 
Filial  respect     (P^^)  Reverence  is  due  from  every  child  to  his  parents. 
DeTth^o  Uie     "^^^  ^^^  ^^^  deliberately  calls  down  imprecations  upon 
joja'eson    either  of  his  parents  shall  surely  be  put  to  death  by  the 
proper  authorities  and  the  guilt  of  shedding  human  blood 
shall  rest  not  upon  their  heads  but  upon  his  own. 


CRIMES   AGAINST    PERSONS 

I.  Afwr^^r  (Ex.  20:  13;  21  :  12-14, 20,  21  ;  Dt.  5: 17;  19: 
1-13;  Lev.  24:17,  21'';  Gen.  9:  5,  6;  Num.  35  :  14-34) 

The  authors  of  the  different  Old  Testament  codes  ac- 
cepted and  never  attempted  to  set  aside  this  ancient  cus- 
tom of  blood  revenge,  but  simply  endeavored  to  eliminate 
as  far  as  possible  the  elements  of  injustice  inherent  in  it. 
The  details  of  their  regulations  differ  widely  and  are  sug- 

84 


Israel's  Lawgivers  Criminal  Laws 

gQStive  of  their  distinct  date  and  origin.  Until  the  Deu- 
teronomic  code  was  instituted,  the  altars  of  Jehovah  at 
the  different  sanctuaries  throughout  the  land  served  as 
asylums  to  which  every  man-slayer  could  flee,  and  thence 
the  avenger  could  not  pursue  him  without  incurring  the 
enmity  of  God  under  whose  protection  the  fugitive  had 
placed  himself.  Thus  Joab  fled  to  escape  the  vengeance 
of  Solomon  (i  K.  1:50;  2:28).  The  same  right  of  altar 
asylum  was  recognized  among  the  Greeks  (Thucyd.  4,  98) 
and  among  other  ancient  peoples. 

The  authors  of  the  primitive  codes  corrected  a  possible 
abuse  of  this  right  by  enacting  that  a  guilty  murderer 
should  be  torn  from  the  altar  and  punished.  The  story 
of  Joab  is  evidence  that  this  usage  prevailed  in  the  days 
of  Solomon. 

When  the  Deuteronomic  codes  centralized  all  cere- 
monial worship  in  Jerusalem  and  placed  all  other  ancient 
altars  under  the  ban,  the  mere  matter  of  distance  made 
the  old  right  of  altar  asylum  of  little  value  to  many,  and 
necessitated  the  est%j3lishment  of  cities  of  refuge  as  sub- 
stitutes for  the  destroyed  shrines.  The  Priestly  codes  in- 
creased the  number  of  cities  from  three  to  six  (as  was 
provided  for  in  the  Deuteronomic  codes),  and  made  the 
•'  congregation  "  as  a  whole,  rather  than  the  elders  of  the 
town  from  which  the  man-slayer  came,  the  court  of  in- 
quiry. The  later  system  also  made  the  death  of  the  high 
priest  the  occasion  for  a  general  amnesty,  when  all  inno- 

85 


Criminal  Laws  The  Messages  of 

cent  man-slayers  could  safely  return  to  their  homes,  thus 
still  further  neutralizing  the  injustice  of  the  primitive  cus- 
tom of  blood  revenge.  None  of  the  codes,  however, 
attempted  to  transfer  the  execution  of  the  sentence  to  the 
community,  but  each  left  it  to  the  avenger  of  blood. 

The  Old  Testament  does  not  give  the  names  of  the 
cities  of  refuge  west  of  the  Jordan.  The  fact  that  David 
granted  Shemei  his  life  as  long  as  he  remained  in  Jeru- 
salem and  that  Solomon  put  him  to  death  when  he  vent- 
ured beyond  the  city  walls  (i  K.  2:36-46)  suggests  that 
the  institution  antedates  the  Deuteronomic  code  and  that, 
as  might  be  expected,  the  temple  city  was  also  a  city  of 
refuge. 

Deuteronomy  4  :4i-43  contains  a  list  of  the  east-Jordan 
cities  of  refuge  :  Bezer  in  the  wilderness  for  the  Reuben- 
ites,  Ramoth  in  Gilead  for  the  Gadites,  and  Golan  in 
Bashan  for  the  Manassites.  Although  the  passage  comes 
from  a  date  long  after  the  fall  of  the  northern  kingdom, 
it  probably  correctly  reflects  earlier  usage. 

Primitive  and  Deuteronomic  Codes. 
General  You  shall  never  with  malice  aforethought  take  the  life 

fEx/aoTi";  of  ^  humau  being. 

Dt.'s  :  17)  ' 

Primitive  Codes. 

(E)  A  man  who  assaults  another  with  fatal  results  shall 
be  punished  with  death.     If  the  act  be  committed  with- 
out premeditation  and  accidentally  or  in  self-defence,  an 
86 


IsraePs  Lawgivers  Criminal  Laws 

altar-asylum    shall  be    prepared  whither    the   innocent  Death  for 
man-slayer  may  flee  and  secure  justice  and  deliverance  er  but^Iiur 
from  the  avenger  of  blood.     If,  however,  the  man-slayer  Jhe'}JJ^/°ent 
who  seeks  refuge  at  Jehovah's  altar  slew  his  victim  with  man-slayer 
malicious  intent,  he  shall  be  dragged  from  the  altar  and  14) 
put  to  death. 

Anyone  who  beats  either  his  male  or  female  slave  so  Punishment 
severely  with  a  stick  that  the  slave  die  in  consequence,  for^nlU^de? 
shall  be  punished  as  the  authorities  decide  after  a  thorough  °|;x^Vi^^2^o, 
investigation  of  the  case.*     If  the  injured  slave  survive  21) 
for  a  day  or  two  after  the  injury  has  been  inflicted  it  shall 
be  inferred  that  the  master  did  not  strike  with  an  intent 
to  kill.     Since  the  slave  is  his  chattel  and  the  loss  is  there- 
fore his,  the  owner  shall  not  be  punished  whether  the 
slave  die  or  survive.'' 

Deuteronomic  Codes. 

When  the  Israelites  have  entered  into  possession  of  their  Establish- 
land,  they  shall  divide  it  into  three  districts  and  within  fi^"  dons  of 
each  shall  appoint  an  easily  accessible  city  as  a  place  of  ^^f^*^'^'^^  °^ 
refuge  to  which  every  man-slayer  may  flee  and  secure  jus-  (01.19:1-13) 
tice,  free  from  the  hand  of  the  avenger.     If  the  territory 

1  The  fact  that  a  special  law  exists  regarding  the  murder  of  slaves,  and 
the  absolute  exemption  of  the  master  from  punishment,  in  case  the  slave 
lives  one  or  two  days,  and  the  underlying  idea  that  the  slave  is  the  posses- 
sion of  the  master,  and  therefore  has  only  limited  rights,  indicate  that 
the  punishment  intended  was  much  lighter  than  the  death  penalty, 

'  Apparently  no  exception  was  made  in  the  case  of  Hebrew  slaves. 

87 


Criminal  Laws  The  Messages  of 

of  Israel  is  extended,  three  additional  cities  of  refuge  shall 
be  provided.  If  a  man-slayer,  who  seeks  refuge  in  one  of 
these  cities,  slew  his  victim  accidentally  and  without  mal- 
ice or  premeditation,  he  shall  be  delivered  from  the  aven- 
ger who  seeks  vengeance  for  the  death  of  his  kinsman ; 
but,  if  after  investigation  the  elders  of  his  town  conclude 
that  the  man-slayer  was  guilty  of  deliberate  murder,  he 
shall  be  delivered  to  them  at  their  requisition  and  by 
them  turned  over  to  the  avenger  of  blood.  No  mercy 
shall  be  shown  him,  for  he  is  guilty  and  only  by  these  dras- 
tic measures  can  the  land  of  Israel  be  freed  from  crime. 

I 

Priestly  Codes. 

mu"rde?  ^""^       ^^^  Evcry  murdcrcr  shall  be  put  to  death. 

(Lev.  24 :  17,      (p)  Whosoever  murders  a  fellow  man  shall  himself  die 

ail*) 

The  heU  ^^  ^^^  hand  of  man,  for  God  gave  human  beings  intelli- 
nousness  of  gence,  will  and  authority  over  created  things  which  make 
(Gen.  9 : 5,6)  them  akin  to  the  Divine  himself. 

Laws  of  the  (Ps)  Three  cities  on  each  side  of  the  Jordan  shall  be  estab. 
refuge  lished  as  places  of  refuge  for  the  use  of  native  Israelites,  resi- 

(Num.  ^QXi\.  aliens  and  foreigners  in  the  land,  who  accidentally  slay  a 

human  being.  If  the  deed  be  done  with  an  instrument  of 
iron  or  with  a  stone  or  with  a  wooden  weapon,  or  if  the  man- 
slayer  was  at  enmity  with  his  victim,  or  assailed  or  treacher- 
ously attacked  him,  he  is  manifestly  guilty,  and  the  avenger  of 
blood  is  justified  in  putting  him  to  death  whenever  or  wherever 
he  finds  the  murderer.  If,  however,  the  act  was  unpremed- 
88 

1   ' 


Israel's  Lawgivers  Criminal  Laws 

itated  or  accidental  the  community  as  a  whole  shall  investigate 
the  case  and,  if  the  man-slayer  is  innocent,  he  shall  be  allowed 
to  dwell  in  the  city  of  refuge  until  the  death  of  the  high  priest. 
While  he  remains  there,  the  avenger  shall  not  be  allowed 
to  touch  him,  unless  he  be  overtaken  without  the  limits  of  the 
city  of  refuge.  At  the  death  of  the  high  priest,  he  may  go 
anywhere  with  impunity. 

In  all  cases  of  murder  two  witnesses  are  required  to  con-  Safeguards 
vict.    In  the  case  of  conviction  no  ransom  shall  be  accepted  (Nu^J^.  35 . 
to  free  the  guilty  from  the  death  penalty,  nor  even  to  allow  an  3034) 
innocent  man-slayer  to  leave  with  impunity  the  city  of  refuge 
before  the  death  of  the  high  priest.     Every  act  of  bloodshed 
brings  moral  pollution  upon  the  community,  and  can  be  re- 
moved only  by  the  death  of  the  man- slayer. 

2.  Assault  (Ex.  21:15,  18-27;  Dt.  27:24;  Lev.  24:19) 

(E)  The  son  who  strikes  his  father  or  mother  shall  be  Assault  of 
put  to  death.  a"*"? 

If  in  a  quarrel  one  man  strikes  another  with  a  stone  or  Penalty  for 
his  fist  and  the  injured  man  lives,  but  is  confined  for  a  SIS  iSa 
time  to  his  bed  and  at  length  recovers  so  as  to  be  able  to  jf f  ^^^i j 
walk  with  a  cane,  the  man  who  struck  the  blow  shall  not 
receive  corporal  punishment,  but  must  pay  all  the  ex- 
penses of  the  injured  and  make  full  restitution  for  his  loss 
of  time. 

If  a  man  in  a  fight  with  another  injures  a  pregnant 
woman  so  that  a  premature  birth  ensues,  but  without  fatal 

89 


Criminal  Laws  The  Messages  of 

Penalty  for  rcsults,  the  man  shall  pay  the  fine  demanded  by  the 
*"re"'^an°t  *  woman's  husband  and  confirmed  by  the  judges.  If  harm 
woman  (Ex.  results  from  the  violence  done,  the  culprit  shall  be  pun- 

22-25       jgj^g^j  jj^  exact  proportion  to  the  injury  inflicted. 
Reparation       ^^  ^  master  inflict  irreparable  injury  upon  a  slave,  the 
^r  '"^"fB^  ^°  slave  shall  receive  his  freedom  as  compensation. 

Deuteronomic  Codes. 

Treacherous      (D^)  Ii^  the  public  ritual  of  imprecation  the   priests  shall 
assault  (Dt.  solemnly  declare  :   "A  curse  upon  every  man  who  treacher- 
ously and  undetected  attacks  his  neighbor."  >      And  all  the 
assembled  people  shall  respond  in  chorus:    "So  may  it  be." 

Priestly  Codes. 
Penalty  for       (?*•)  For  cvery  injury  inflicted  upon  another  the  assail- 
^i^Tx^)^^'  ant  shall  be  punished  similarly  and  in  exact  proportion  to 

the  harm  done.' 

*  A  general  designation  for  undetected  crimes  culminating  in  murder. 

'  According  to  the  Talmud  the  assailant  was  liable  to  pay  fines  on  five 
distinct  counts  :  i.  Damage :  that  is,  the  injured  man  is  appraised  as  though 
he  was  a  slave,  and  his  present  value  compared  with  his  former,  and  the 
defendant  pays  the  difference.  2.  Pain  :  the  defendant  must  pay  the 
*  plaintiff  as  much  as  a  man  his  equal  would  take  to  suffer  such  pain.     3. 

Healing  :  the  assailant  must  employ  a  good  reliable  physician,  and  cause 
the  injured  one  to  be  thoroughly  healed.  He  was  not  allowed  to  use  the 
services  of  a  cheap  quack,  for  a  "physician  who  cures  for  nothing  is  worth 
nothing."  4.  Loss  of  time  :  the  injured  one's  time  was  considered  as 
though  he  were  the  watchman  of  a  pumpkin-field.  5.  Disgrace  :  this  to  be 
determined  in  consideration  of  the  rank  of  both  parties. 


90 


IsraeVs  Lawgivers  Criminal  Laws 

3.  Personal  Injury  Due  to  Criminal  Neglect  (Ex.  21  : 

28-32) 
Primitive  Codes. 

(E)  If  an  ox  fatally  gore  a  man  or  woman  it  shall  be  Penalty  for 

stoned  to  death  as  a  dangerous  offender.     Its  flesh  shall  bj)  oTe'l^o* 

not  be  eaten.     Its  owner  shall  be  held  blameless  unless  <%•  =^^  =  2^ 

32) 

it  already  had  acquired  the  habit  of  attacking  persons  and 
the  fact  had  been  reported  to  him,  in  which  case  he  also 
shall  be  stoned.  If  for  extenuating  circumstances  a  ran- 
som is  laid  upon  his  life  he  shall  pay  it  in  full  as  de- 
manded, whether  the  victim  of  his  criminal  neglect  be  a 
child  or  an  adult.  For  the  life  of  a  slave  he  shall  pay 
thirty  shekels  of  silver  to  the  master  and  shall  lose  his  ox, 
which  shall  be  stoned.^ 

4.  Kidnapping  (Ex.  21  :  16;  Dt.  24:7) 

Primitive  and  Deuteronomic  Codes. 

A  man  who  steals  a  fellow  Israelite,  treating  him  as  a  Death  the 
slave  or  selling  him  into  slavery,  shall,  if  his  guilt  is  estab-  ai^ieT  Dt. 
lished,  be  put  to  death.  *♦  •  7) 

1  The  Talmud  said  that  goring  "  covered  any  injury  done  by  the  ox  with 
horn,  tooth  or  foot.  It  declared  any  domestic  animal  non-vicious,  unless  he 
had  been  known  to  gore  within  three  days.  The  tooth  and  foot  of  any 
animal,  however,  were  considered  always  vicious.  Damages  were  assessed 
in  money,  and  collected  from  that  which  had  money  value.  For  the  hurt 
done  by  a  non-vicious  ox,  the  owner  paid  one-half  the  damage  from  money 
realized  from  the  sale  of  the  animal's  body.  Thus  for  all  injuries  received 
through  another's  neglect,  fines  were  imposed  in  lieu  of  the  death  penalty. 

91 


Criminal  Laws  The  Messages  of 


VI 

CRIMES   AGAINST    SOCIETY 

Like  most  primitive  peoples,  the  Israelites  severely  pun- 
ished crimes  against  social  morality.  Therein  they  per- 
haps erred  less  than  most  modern  nations  whose  laws  are 
disgracefully  lax  in  this  regard.  It  is  a  grave  question 
whether  it  is  the  greater  crime  to  take  life  as  a  murderer 
or  to  bring  into  existence  beings  whose  life,  because  of 
their  inheritance,  is  from  the  first  a  curse  to  themselves 
and  to  society.  The  high  ideals  of  purity  emphasized  by 
the  Old  Testament  laws  are  in  striking  contrast  to  the 
debasing  usages  which  they  are  intended  to  correct. 
Likewise  the  standards  of  mercy  and  justice  and  truth, 
which  this  group  of  regulations  emphasize,  are  clearly  those 
of  Israel's  greatest  prophets,  whose  dominant  aim  was  the 
realization  of  perfect  social  conditions  in  the  life  of  their 
nation. 

I.  Adultery  (Ex.  20  :  14 ;  Dt.  5:18;  22  :  22-24 ;  Lev.  18: 
20  ;  20  :  10 ;  Num.  5  :  i2*'-3i) 

Primitive  and  Deuteronomic  Codes. 

Genera]  pro-        ,  ,,.       ,  ,.,,,,  •  ^ 

hibition  (Ex.     Let  no  Israelite  be  unfaithful  to  the  marriage  vows  and 
s^'isf'     *    enter  into  illicit  relations  with  another. 


Israels  Lawgivers  Criminal  Laws 

Deuteronomic  Codes. 

If  a  man  be  discovered  committing  adultery  with  a  Death  the 
married  woman,  both  shall  be  put  to  death,  that  the  JJHueor  ""^ 
Israelitish  people  may  be  free  from  this  obnoxious  evil,  p.^-  ^^  •  **" 
Likewise,  if  the  woman  be  a  maiden  betrothed  to  another 
man  and  the  act  was  committed  within  the  city  where  it 
was  possible  for  her  to  have  offered  effectual  resistance, 
both  she  and  her  seducer  shall  be  put  to  death  by  stoning. 

Priestly  Codes. 

(?»>)  If  a  man  commits  adultery  with  another  man's  ^ent(L2S*^ 
wife  both  shall  be  put  to  death.  J^ :  20 ;  20 : 

(F)  If  a  husband  suspects  that  his  wife  has  secredy  Penalty  for 
committed  adultery  with  another  man,  and  if,  after  the  pe^tedTu"*" 
appointed  test  has  been  imposed,*  her  guilt  is  established,  Jy^^iuISses 
she  shall  become  an  outcast,  despised  by  all  and  afflicted  (^'"-  5  5 
with  the  loathsome  disease  which  Jehovah  will  send  upon 
her  in  punishment  of  her  secret  crime. 

2.  Rape  (Dt.  22  :  25-27) 
Deuteronomic  Codes. 

If  a  man  find  a  young  woman,  betrothed  to  another.  Death  the 
alone  in  an  uninhabited  place  and  ravishes  her,  the  girl?ape(&t°' 
shall  be  innocent,  for  she  had  no  way  of  resisting,  but  the  **  •  ^s-*?) 
man  shall  be  put  to  death. 

1  For  details  of  the  test  cf.  subsequent  section,  "  Rights  of  Husbands 
and  Wives." 

93 


Criminal  Laws  The  Messages  of 

3.  Seduction  (Ex.  22:16,  17;  Dt.  22:28,  29;  Lev.  19:20) 

Primitive  Codes. 
Penalty  for       (E)  If  a  man  seduce  a  virgin  not  betrothed,  he  must 
ttr^n  (Ex.    pay  the  usual  marriage  dowry  and  take  her  as  his  wife. 
«2: 16,  17)    jf  j^gj.  father  refuses  to  consent  to  the  marriage,  the  man 

shall  simply  pay  the  dowry.* 

Deuteronomic  Codes. 

Penalty  at  a  If  a  man  seduce  a  virgin  not  betrothed,'  he  must  pay 
(D"22^28,  her  father  a  marriage  dowry  of  fifty  shekels  of  silver  and 
*9^  must  take  her  as  his  wife  and  shall  not  have  the  right  of 

ever  divorcing  her. 

Priestly  Codes. 

Seducrion  of  (P*»)  If  a  man  seduces  a  female  slave,  even  thougn  she 
slave*(Lev.  is  betrothed  to  another,  but  not  set  free,  both  shall  be 
19:20)         punished  as  the  authorities  shall  determine  ;  but  not  with 

death,  for  she  was  a  slave  and  therefore  subject  to  special 

laws. 

>  Seduction  of  a  betrothed  maiden  (Dt.  22  :  25-27)  was  treated  as  adultery 
and  punished  by  death. 

'  Apparently  the  refusal  of  the  father  is  not  considered  sufficient  to  pre- 
vent marriage  in  this  later  code  and  the  right  of  divorce  is  withdrawn  as  a 
further  safeguard. 


94 


Israel's  Laivgivers  Criminal  Laws 

4.    Unlawful  Marriages  (Dt.  22  :  30 ;   27  :  20,  22,  23  ; 
Lev.  18  :6-i8;  20: 11,  12,  14,  17,  19-21) 

Deuteronomic  Codes. 

A  man  shall  not  marry  his  stepmother,  for  it€^  an  act  JfifJ"s*fp. 
of  impiety  toward  his  father.*  mother  (Dt. 

22 :  30) 
(D^)    In  the  public  ritual  of  imprecation  the  priests  shall  A  curse  upon 
solemnly  declare  :    "A  curse  upon  every  man  who  marries  his  orinces°"°* 
stepmother,  or  mother-in-law,  or  sister  or  half-sister,"  and  all  (=7=  20,  22, 
the  assembled  people  shall  respond  in  chorus:  "  So  may  it  be." 

Priestly  Codes. 

(P**)  Marriage  is  forbidden  between  near  kinsfolk.     It  Persons  be- 
is  illegal  for  a  man  to  marry  his  mother,  his  stepmother,  ^am"a&e  is'" 
his  full  sister  or  half-sister,  his  granddaughter,  his  aunt,  or  f^^^^^^' 
the  wife  of  his  uncle,  his  daughter-in-law,  his  sister-in- 
law,  his  wife's  child  or  grandchild  (by  a  previous  mar- 
riage), or  two  sisters,  while  both  are  living,  lest  they  be 
jealous  of  each  other. 

(P'')  If   a  man  marry  his  stepmother  or  daughter-in-  Punishment 
law  both  the  guilty  parties  shall  be  put  to  death.  i2,*i4,''i7,"* 

If  a  man  marry  both  a  mother  and  a  daughter  they  have  ^9-3i) 
committed  a  shameful  crime.     All  three  shall  be  burnt  to 

*  Many  examples  of  marriage  of  a  son  with  the  wives  of  his  father  are 
recorded  in  Hebrew  history,  cf.  Gen.  35 :  22 ;  49 :  4 ;  2  S.  3  :  7 ;  16 :  22 ;  i 
K.  a :  22.    They  are  condemned  by  Ezekiel  (22  :  lo). 

95 


Criminal  Laws 


The  Messages  cf 


Prohibition 
(Dt.  23 :  17, 
18) 


death,^  for  such  an  unnatural  act  cannot  for  a  moment 
be  tolerated  in  Israel.  If  a  man  marries  his  half-sister 
they  shall  both  be  destroyed'  and  their  fate  shall  be  a  just 
reward  for  their  criminal  conduct.  A  man  shall  not  marry 
his  aunj^  for  they  are  near  of  kin  and  the  consequences  of 
their  guflt  shall  be  upon  their  heads.  If  a  man  marries 
his  uncle's  wife  or  sister-in-law,  childlessness  shall  be  the 
punishment  of  their  crime. 

I       5.  Sodomy*  (Dt.  23  :  17,  18  ;  Lev.  18  122  ;  20: 13) 

Deuteronomic  Codes. 

No  Israelite  shall  prostitute  himself — as  do  the  immoral 
Canaanites — in  the  service  of  a  deity,  nor  shall  the  gains 
of  that  vile  practice  be  brought  into  Jehovah's  temple  in 
payment  of  a  vow. 


20: 13). 


Priestly  Codes. 
Death  the        (P'')  For  One  man  to  have  intercourse  with  another,  as 
(Sv^Ts  •  22;  between  the  sexes,  is  an  abomination  to  Jehovah.     Both 

1  The  expression  is  apparently  purposely  obscure,  leaving  the  matter  in 
doubt  whether  judgment  is  to  be  executed  by  Jehovah  or  the  community, 

'  Probably  stoned  to  death  and  their  bodies  burned,  thus  being  denied 
the  right  of  burial. 

3  The  term  is  derived  from  the  story  preserved  by  the  Jehovistic  pro- 
phetic historian  in  Gen.  19 ;  4-8,  which  tells  of  the  demand  of  the  people  of 
Sodom  that  Lot  permit  them  to  satisfy  their  lusts  with  the  men  who  had 
come  as  guests  to  his  home  and  whom  later  developments  proved  to  be 
heavenly  beings.  In  antiquity  this  vile  practice  was  usually  performed 
under  the  name  of  religion. 

96 


IsraeVs  Lawgivers  Criminal  Laws 

shall  be  put  to  death.     The  consequences  of  their  guilt 
shall  be  upon  their  own  heads. 

6.  Unnatural  Lusts  (Ex.  22: 19;  Dt.  27  :  21  ;  Lev.  18: 

23;  20:15  ;  18:19;  20:18) 

Primitive  Codes. 

(E)  Whosoever  has  sexual  intercourse  with  a  beast  Bestiality 
shall  be  put  to  death.  (Ex.  .3: 19) 

Deuteronomic  Codes. 

(D^)  In  the  public  ritual  of  imprecation  the   priests  shall  Acurse  upon 
solemnly  declare:    "A  curse  upon  the  one  who  has  sexual  in-  i^^^^^,-ii) 
tercourse   with  any  beast,"  and  the  assembled   people  shall 
respond  in  chorus:  "  So  may  it  be." 

Priestly  Codes. 

(P*')  The  man  or  woman  who  so  far  violates  the  laws  Death  the 
of  nature  as  to  have  sexual  intercourse  with  a  beast,  shall  bcstta\ft^ 
be  put  to  death  together  with  the  beast.  io^Vs)^**^' 

If  a  man  has  sexual  intercourse  with  a  woman  during  Lack  of 
her  recurring  period  of  sickness,  both  shall  be  destroyed  ^£^^"1^.15. 
because  they  have  sinned  against  the  laws  of  nature  and*°*  ^^^ 
decency. 

7.  Prostitution  (Dt.  23  :  17,  18  ;  22  :  13-21 ;  Lev.  19 :  29; 

21:9) 
Deuteronomic  Codes. 

No  Israelitish  woman  shall,  as  do  the  immoral  Canaan-  Prohibition 
ites,  prostitute  herself  in  the  service  of  a  deity,  nor  shall  18) 
97 


Criminal  Laws  The  Messages  of 

the  gains  of  that  vile  practice  be  brought  into  Jehovah's 
temple  in  payment  of  a  vow.' 
Penalty  for       If  a  man  soon  after  his  marriage  alleges  that  his  wi^e, 
turion  fS^^'  when  he  married  her,  was  not  a  virgin,  her  parents  shall 
13-21)  lay  before  the  elders  of  the  city,  as  they  sit  in  judgment 

at  the  gate,  the  evidence  of  her  virginity.  If  they  establish 
their  claim  the  elders  shall  punish  the  husband  with  stripes 
and  impose  upon  him  a  fine  of  one  hundred  shekels  of 
silver  which  shall  be  paid  to  the  father  of  the  girl  whose 
reputation  has  been  falsely  attacked.  The  husband  must 
also  take  back  his  wife,  never  to  divorce  her.  If,  how- 
ever, the  charge  was  true  and  the  wife's  innocence  can- 
not be  established,  the  men  of  the  city  shall  stone  her  to 
death  at  the  door  of  her  father's  house,  for  she  became 
a  prostitute  in  her  own  home  and  only  by  these  severe 
measures  can  the  social  purity  of  Israel,  which  was  en- 
dangered, be  preserved. 

Priestly  Codes. 
Making  a         (P^)  Let  no  Israelite  degrade  and  disgrace  his  daughter 
prosfiJute^    by  making  her  a  public  prostitute,  lest  the  Israelitish  na- 
(Lev.  19: 29)  tJQn  become  morally  corrupted  and  an  example  of  shame- 

lessness  rather  than  of  righteousness. 

1  The  pre-exilic  designation  of  a  harlot  (AV<^jA5/j— consecrated)  indicates 
that  the  prostitution  was  originally  practised  at  the  temple  and  in  the  name 
of  the  deity.  That  it  was  common  in  ancient  Israel  is  suggested  by  the 
story  of  Gen.  38  :  14  and  by  the  frequent  references  to  the  Kedeskim  and 
Kedeshoth  in  Israel. 

98 


IsraeVs  Lawgivers  Criminal  Laws  • 

(?•»)  The  daughter  of  a  priest,  who  becomes  a  public  Penalty  in 
prostitute,  disgraces  her  father  and  his  sacred  office.    For  (Cv.^LTq)* 
her  impious  crime  she  shall  be  burnt  with  fire.' 

8.  Indecent  Assault  (Dt.  25  :  ii,  12) 
Deuteronomic  Codes. 

When  two  men  are  fighting  together  and  the  wife  of  Penalty  (Dt. 
the  one,  in  attempting  to  help  her  husband,  resorts   to^^'^^'"^ 
indecent  measures,  her  hand  shall  be  cut  off  as  a  punish- 
ment.    The  authorities  shall  show  no  leniency,  but  vigor- 
ously carry  out  the  sentence. 

9.  Interchange  of  the  Dress  of  the  Sexes  (Dt.  22  : 5) 
Deuteronomic  Codes. 

A  woman  shall  not  wear  the  characteristic  costume  of  Prohibition 
the  male  sex,  nor  a  man  that  of  the  female,  for  an  inter- ^"^^  ""^^ 
change  of  garments  is  supremely  displeasing  to  Jehovah. 

10.  Making  Unnatural  Mixtures  (Dt.  22  : 9-11  ;  Lev. 

19:19) 
Deuteronomic  Codes. 

Mixtures  of  species  are  contrary  to  the  law  of  nature  Prohibited 
and  therefore  displeasing  to  Jehovah.*     Do  not  sow  a  ^5^(22":  9. 

*  Probably  being  first  publicly  stoned. 

*  Cf.  "the  animal  after  its  kind,  fowl  after  its  kind,"  etc.,  of  Gen.  i :  ii, 
la. 

99 


«  Criminal  Laws  The  Messages  of 

vineyard  with  different  kinds  of  seed  under  penalty  of  for- 
feiting to  the  sanctuary  both  the  increase  of  the  seeds 
sown  between  the  vines  as  well  as  the  fruit  of  the  vines 
themselves.  Also  in  ploughing  a  field  do  not  harness  an  ox 
and  an  ass  together  as  a  team.  Do  not  wear  garments 
made  of  both  wool  and  linen. 

Priestly  Codes. 
Mixture  of       (P**)  Cattle  of  a  different  species  shall  not  be  allowed  to 
iqTIo)^^^^*  breed  with  each  other.     Two  different  kinds  of  grain 
shall  not  be  sown  in  the  same  field.     A  garment  made  of 
two  kinds  of  material  woven  together  shall  not  be  worn. 

II.  Exacting  Interest  from  the  Poor  (Ex.  22:2$  i  Dt. 
23  :  19,  20;  Lev.  25:35-38) 

Primitive  Codes. 
Cruelty  to  a      (E)  If  you  make  a  loan  to  a  poor  Israelite,  you  must 
(Ex!  M  1^25)  "°^  demand  payment  when  he  has  nothing  with  which  to 

pay,  for  you  would  thereby  force  him  into  slavery ;  nor 

shall  you  insist  that  he  pay  you  interest  on  a  loan  which 

was  given  to  relieve  his  poverty. 

Deuteronomic  Codes. 

Disregard  of 

the  law  of        Since  loans  are  made  to  relieve  need,  Israelites  shall 

brotherly  ,     .     ,  „ 

kindness       never  exact  from  their  fellow  countrymen  mterest  or  com- 
(^^^,23.19,  pgj^gj^^jQjj  fQj.  favors.     From  foreigners  alone  shall  they 

100 


IsraeVs  Lawgivers  Criminal  Laws 

demand  them.      A   faithful  observance  of  this  law  of 
brotherly  kindness  will  insure  Jehovah's  blessing. 

Priestly  Codes. 

(P'^)  A  poverty-stricken  Israelite  shall  be  supported  by  Disregard  of 
his  more  prosperous  fellow  countrymen.    They  shall  take  poo? (Lev.* 
no  interest  for  money '  which  they  loan  him,  nor  compen-  25: 35-38) 
sation — other  than  the  return  in  time  of  the  same — for 
provisions  with  which  they  supply  him. 

12.    Wronging  the  Defenceless  (Ex.   22:21-24;  23:9; 
Dt.  24  :  14,  15  ;  27  :  18,  19 ;  Lev.  19 :  14,  33) 

Primitive  Codes. 

(E)  Let  no  Israelite  take  advantage  of  the  dependence  Jehovah's 
and  defencelessness  of  the  foreigners  who  have  become  ©f  the  he^ 
members  of  the  community,  to  do  them  an  act  of  injustice  Ifi^jl^a*  ") 
or  cruelty,  but  let  him  always  reme7nber  that  his  ancestors 
were  once  foreigners  resident  in  the  land  of  Egypt. 
Neither  shall  he  wrong  in  any  way  those  other  helpless 
wards  of  fehovah  and  the  community  :  the  widows  and 
orphans?    If  he  does,  Jehovah  will  rise  as  their  protector 
and  will  take  vengeance  upon  him  and  will  bring  disaster 

»  For  a  fuller  treatment  of  the  question  of  interest  among  the  Hebrew  cf. 
Humanitarian  Laws,  sect.  VII. 

•  Ex.  22:21'',  22,  24,  and  23  :  gb  are  evidently  from  their  peculiar  lan- 
guage and  from  the  fact  that  in  them  the  verb  is  suddenly  changed  from  the 
singular  to  the  plural  (in  the  Hebrew)  later  hortatory  additions. 
lOI 


Criminal  Laws  The  Messages  of 

upon  the  Israelites  at  the  hands  of  their  foes  so  that  their 
wives  shall  become  widows  and  their  children  orphans, 

Deuteronomic  Codes. 
Considera-        Whether  a  hired  servant,  who  is  poor  and  in  need  of 
depen°de?t*   all  that  is  duc  him,  be  a  Hebrew  or  a  resident  alien,  pay 
(Dt.  24: 14,  to  him  each  day  before  sunset  his  wages,  for  they  mean 

much   to  him  and,  if  disappointed,  he  might  call  down 

Jehovah's  judgment  upon  you. 

Acurseupon      (D^)  In  the   public  ritual  of  imprecation  the   priests   shall 

fo?get'l2^:     solemnly   declare:    "A   curse    upon   every   man   who   leads 

18, 19)  astray  those  who  need  a  guide  and  patron,  or  who  uses  his 

influence  or  authority  to  do  injustice  to  resident  aliens,  orphans 

and  widows."     And  all  the  assembled  people  shall  respond  in 

chorus  :  "So  may  it  be." 

Priestly  Codes. 
Wrong  to         (P**)  Let  no  Israelite  be  guilty  of  taking  a  treacherous 
(Lev.^lg'r^  advantage  of  his  unfortunate  neighbors  to  bring  added 
14. 33)         calamity  upon  them  or  to  profit  by  their  weakness. 

13.  Bribery  (Ex.  23  :  8  ;  Dt,  16  :  19^  ;  27 :  2$) 

Primitive  and  Deuteronomic  Codes. 

Its  pemi-  Let  no  man  accept  a  bribe,  for  a  bribe  obscures  his 

Clous  inilu-  ' 

ence  (Ex.     sense  of  right  and  influences  him  to  make  wrong  state- 

23:8:  Dt.  ... 

j6:  i9«>)        ments  and  judgments. 

102 


IsraeVs  Lawgivers  Criminal  Laws 

Deuteronomic  Codes. 

(D^)  In  the  public  ritual  of  imprecation  the  priests  shall  A  curse  upon 

solemnly  declare :  "A  curse  upon  the  judge  or  witness  who  yg^t°j^jjy"' 

for  the  sake  of  a  bribe  condemns  or  leads  to  the  condemnation  bribery  (Dt. 

27  :  25) 
of  an  innocent  person,"  and  all  the  assembled  people  shall 

respond  in  chorus  :    "So  may  it  be." 

14.  Perverting  Justice  (Ex.  23  : 1-3,  6,  7 ;  Dt.  16 :  19*,  20 ; 

Lev.  19:  15,35-) 
Primitive  Codes. 

(E)  Do  not  accept  or  give  currency  to  a  slanderous  re-  injustice  in 
port ;  do  not  conspire  with  others  to  render  misleading  Sribunals*^ 
testimony  ;   do  not  be  influenced  by  mere  numbers  to  ^^J^j  '^^ :  1-3. 
testify  to  what  you  know  to  be  false,  and  thus  pervert 
justice  ;  do  not  be  led  by  your  sympathy  for  a  poor  man 
to  show  him  partiality  in  rendering  a  judicial  decision ;  on 
the  other  hand  do  not  do  him  injustice  because  he  is  poor 
and  without  influence.    Be  not  involved  in  any  attempt  to 
pervert  justice  and  to  condemn  those  who  are  innocent  of 
the  charges  preferred  against  them,  for  Jehovah  will  not 
condone  such  insidious  and  deliberate  crimes  as  these. 

Deuteronomic  and  Priestly  Codes. 

In  rendering  decisions  be  not  influenced  by  the  position  judicial  par^ 
and  power  of  the  litigants  to  do  injustice  to  either,  for  x?:'i9»,^o; 
only  as  Israel's  judges  are  absolutely  loyal  to  the  divinely-  ^^J-  ^9  =  ^s. 
given  sense  of  right,  can  they  and  their  land  be  assured 
of  prosperity  and  Jehovah's  favor. 
103 


Criminal  Laws 


The  Messages  of 


15.  Zy/«^  (Lev.  19:11'') 

Priestly  Codes. 
Prohibition       (P*>)  In  your  relations  with  each  other  you  shall  not 
^}S)'  '^*      misrepresent  or  pervert  the  truth. 

16.  Perjury  (Ex.  20  :  16  ;  23  :  i^  ;  Dt.  5  :  20 ;  19 :  16-21 ; 
Lev.  19:12;  5:1,4-13) 


Prohibition 
(Ex.  20:  16; 
23:  !*•;  Dt. 
5:20) 

Penalty  (Dt. 
(19 :  16-21) 


Primitive  and  Deuteronomic  Codes. 
Let  no  man  render  untrue  testimony  against  another. 

Deuteronomic  Codes. 

If  in  a  case  between  two  parties  a  witness  renders  false 
testimony,  and,  if  after  careful  investigation  the  judges 
are  convinced  of  his  guilt,  he  shall  be  punished  with  the 
same  penalty  as  would  have  been  visited  upon  the  inno- 
cent party  had  his  misleading  testimony  been  accepted. 
No  leniency  shall  be  shown  to  the  malicious  witness  who 
commits  this  insidious  crime,  for  it  is  an  evil  which  can- 
not be  tolerated. 


Priestly  Codes. 
Prohibition       (P^)   Let  uo  Israelite  defame  the  sacred  name  of  Jeho- 
(Lev.  19 :  12)  ^^  ^y  swearing  thereby  to  what  is  untrue. 
Atonement       (?')  Any  witucss,  who  fails,  when  under  oath,  to  tell 
per/uo'(Lev^  the  truth  and  the  whole  truth,  as  he  has  seen  or  known  it, 
5:1.  4-13)     shall  be  guilty  ;  and  likewise  a  man  who  foolishly  makes 

104 


IsraeVs  Lawgivers  Criminal  Laws 

under  oath  a  promise  which  he  is  unable  to  fulfil.  They 
must  confess  their  sins  and  bring  the  appointed  guilt- 
offerings  to  the  priest,  who  shall  therewith  secure  Jeho- 
vah's forgiveness  for  their  crimes. 

17.  Slander  (Ex.  23  :  i»  ;  Lev.  19  :  16) 
Primitive  Codes. 
(E)  Do  not  accept  or  give  currency  to  a  slanderous  Prohibition 

(Ex.  23 :  X*) 

report.  ^       ^ 

Priestly  Codes. 

(P**)  Do  not  go  about  retailing  stories,  half-true  or  false,  Gossip  (Ut. 
in  regard  to  your  neighbors.  »9  •  O 

18.  Covetousness  (Ex.  20  :  17 ;  Dt.  5:21) 
Primitive  and  Deuteronomic  Codes. 

Do  not  even  in  the  secret  of  your  heart  cherish  an  en-  Prohibition 
vious  desire  to  have  for  your  own  your  neighbor's  posses-  Dt*'sT«7 ' 
sions,  such  as  wife,  servants,  lands,  and  cattle} 

19.   Deliberate  Defiance  of  the  Law  (Dt.    17:12,  13; 

Num.  15  130,  31) 
Deuteronomic  Codes. 

A  man  who  in  open  defiance  to  law  and  order  fails  to  Death  to  the 
act  in  accordance  with  the  ruling  of  the  supreme  court  at  "efierthe 

public  tri- 
1  The  Deuteronomic  version  changes  the  order  of  the  possessions,  putting  bunals  (Dt 
wife  first  instead  of  house,  and  adding  field.  17  •  *>>  13) 

los 


Criminal  Laws  The  Messages  of 

Jerusalem*  shall  be  punished  by  death.  It  is  the  duty  of 
the  authorities  to  execute  the  sentence  that  the  people 
may  be  impressed  and  deterred  by  fear  from  similar  dis- 
obedience. 

Priestly  Codes. 
Jehovah's         (P')  The  native  Israelite  or  foreigner  who,  deliberately 
ipon'^ra"*     and  with  complete  disregard  of  the  laws  of  right,  commits 
(??iim*^1?*  ^  heinous  crime,  does  it  in  defiance  of  Jehovah  himself 
30. 3O         and  of  his  laws.    By  the  divine  Judge  himself  shall  the 

culprit  be  destroyed. 

VII 

CRIMES  AGAINST   PROPERTY 

I.  Theft  (Ex.  20  :  15  ;  22  : 1-4;  Dt.  5  :  '9  »  23:  24.  25  ; 
Lev.  19:  II*,  IS**;  6:2-7) 

Primitive  and  Deuteronomic  Codes. 
General  pro-     Let  no  man  take  for  himself  that  which  belongs  to  an- 

hibition  (Ex.      , 

20: 15;  Dt.    Other. 

^-  ^9j  (E)  If  a  man  steal  an  ox  or  a  sheep  and  kill  or  sell  it, 

the"?  4x?    he  shall  give  in  restitution  five  oxen  for  each  ox  stolen, 

and  four  sheep  for  each  sheep. 
Penalty  for       If  a  thief  is  discovered  breaking  into  a  house  at  night 
Sfffix.     and  is  mortally  wounded,  the  man  who  killed  him  shall 

1  For  the  character  and  authority  of  this  court  compare  Civil  Laws, 
III.  3. 

106 


23 :  a,  3») 


Israels  Lawgivers  Criminal  Laws 

not  be  held  guilty  of  murder  ;*  but  if  the  theft  was  in  the 
day  time,  he  shall  be  held  responsible  for  the  injuries 
which  he  inflicts  upon  the  thief.' 

If  the  thief  recover  from  his  wound,  he  shall  make  resti-  Restitution 
tution  for  what  he  has  stolen,  and,  if  he  has  nothing  with  (Ex.  22: 
which  to  pay,  he  shall  be  sold  as  a  slave.     If  that  which  3^'  *>> 
he  stole  is  found  in  his  hands  alive  (if  it  be  an  animal),  he 
shall  simply  pay  double  the  value  of  the  plunder. 

Deuteronomic  Codes. 

A  man  passing  through  his  neighbor's  vineyard  or  Theft  from 
grain  field  may  gather  as  much  as  he  can  eat  on  the  spot ;  fie"d^(Dt.a3: 
but  he  shall  not  be  allowed  to  carry  off  anything  in  a  ves-  '*»  *5) 
sel  or  to  cut  the  grain  with  a  sickle. 

Priestly  Codes. 
(P**)  You  shall  not  rob  or  defraud  your  fellow  Israelites.  Robbery 

(Lev.  19: 
(P*)  If  a  man  defraud  a  fellow  Israelite  in  connection  with  ^^*'  *3*>) 
money  left  with  him,  or  in  a  contract,  or  by  open  robbery,  or  for^raud° 
by  unjust  exactions,  or  by  retaining  something  belonging  to(^^*^*''^ 
another  which  he  has  found,  or  by  deceitful  business  methods, 
or  by  false  representations,  then  on  the  day  when  his  guilt  is 
established  he  shall  restore  to  the  person  defrauded  the  full 
amount  and  one  fifth  in  addition.     He  shall  also  bring  as  a 

*  The  same  ruling  is  found  in  the  Twelve  Tables  of  the  Romans  and  in 
die  laws  of  Solon. 

«  The  exact  penalty  is  left  indeterminate.     It  is  to  be  decided  by  th« 
(udges  according  to  the  drcumsunces. 
107 


Criminal  Laws 


The  Messages  of 


General  pro- 
hibition (Dt. 
19:14) 


guilt-offering  to  the  priest  a  ram  without  defect,  and  the  priest 
shall  offer  it  to  the  Lord  to  secure  forgiveness  for  the  man's 
crime. ' 

2.  Land  Stealing  (Dt.  19 :  14 ;  27 :  17) 

Deuteronoinic  Codes. 

Let  no  man  basely  steal  the  land  of  his  neighbor  by 
secretly  moving  the  ancient  boundary  stones  so  as  to 
increase  his  own  territory.' 


A  curse  upon     In  the  public  ritual  of  imprecation  the  priests  shall  solemnly 
the  offender  declare:  "A  curse  upon  every  man  who  steals  land  from  his 
neighbor  by  moving  the  boundary  stone ;  "  and  all  the  assem> 
bled  people  shall  respond  in  chorus :  "So  let  it  be." 


3.  Arson  (Ex,  22  ;  6) 
Primitive  Codes. 

(E)  If  a  man  kindle  a  fire  and  it  spreads  to  a  field  of 
grain,  he  shall  pay  in  full  for  all  damage  resulting. 


Penaltj; : 
restitution 
(fix.  32 : 6) 


Penalty : 
restitution 
(Ex.  22:  5) 


4.  Trespass  (Ex.  22  ;  5) 

Primitive  Codes. 

(E)  If  a  man  allows  an  animal  belonging  to  him  to  feed 
in  his  neighbor's  field  or  vineyard,  with  the  best  products 

*  In  this  later  code  the  ancient  law  of  reparation  of  Ex.  22  : 1-4  has  been 
modified  and  a  characteristic  ritualistic  element  introduced. 

•  The  Old  Testament  codes  indicate  no  definite  penalty.     Amvng  the 
Romans  this  crime  was  punished  by  death  (Plutarch,  Numa  x6). 

108 


Israel's  Laivgivers  Criminal  Laws 

of  his  own  field  or  vineyard  shall  he  make  full  compensa- 
tion for  all  damage  resulting. 

5,  Use  of  False  Weights  and  Measures  (Dt.  25  :  13-16; 
Lev.  19 :  35-37) 

Deuteronoxnic  and  Priestly  Codes. 

Let  no  man  cheat  his  neighbors  in  trade  by  using  differ-  Dishonesty 
cnt  weights  or  measures  in  buying  and  selling.    Exact fot^j'"*". 
and  unvarying  weights  shall  be  employed  at  all  times,  for  jjjji*^'  ^'' 
dishonesty  is  supremely  displeasing  to  Jehovah. 


109 


PRIVATE  LAWS 


PRIVATE  LAWS 


PERSONAL  AND   CLASS  RIGHTS   IN   ISRAELITISH 
LEGISLATION 

The  private  laws  of  the  Israelites  bear  the  stamp  of 
their  primitive,  oriental  origin.  Equality  is  nowhere  pos- 
tulated for  all  members  of  the  community.  The  men  at 
the  head  of  families  are  the  only  ones  who  enjoy  full 
rights.  Sons,  even  though  they  have  reached  maturity,  if 
their  parents  are  still  living,  are  subject  to  them.  Wives 
and  daughters  are  little  more  than  chattels.  In  the  earlier 
legislation  resident  aliens  had  no  legal  rights  in  the  com- 
munity. Gradually,  however,  in  the  later  codes  this  in- 
equality was  corrected.  Most  of  the  private  laws  were 
devised  in  order  to  secure  certain  privileges  and  security 
to  such  classes  as  slaves,  resident  aliens  and  women,  who 
had  no  political  standing  in  the  state.  The  rights  of  the 
free  man  were  sufficiently  protected  by  existing  customs. 
It  was  also  in  keeping  with  the  spirit  reflected  in  the  Old 
Testament  that  little  is  said  of  personal  rights  and  much 
regarding  those  of  the   different  classes  which  together 

"3 


Private  Laws  The  Messages  oj 

constituted  the  Israelitish  community.  Not  until  the 
great  Teacher  of  Nazareth  sought  him  out  and  told  him 
of  his  high  privilege  and  place  in  the  universe  did  the  in- 
dividual as  such  enter  fully  into  his  birthright. 


II 

THE    RIGHTS   OF   PERSONS 

I.  Rights  of  Parents  and  Children 

(l)  Honor  and  Obedience  Due  Parents  from  their  Children 
(Ex.  21:  15,  17;  20  :  12;  Dt.  5  :  16 ;  21:  18-21;  27:  16; 
Lev.  19:3*;  20 :  9) 

.     Primitive  Codes. 

Penalty  for       (E)  The  SOU,  v^ho  Strikes  or  calls  dovi^n  imprecations 
(Ex.  iTfls'^  upon  the  parents  v^^ho  bore  him,  shall  be  put  to  death. 
Primitive  and  Deuteronomic  Codes. 


17) 


Filial  piety  Respcct  and  loyal  service  are  due  from  every  child  to 
ward  (Ex.  his  parents  and  will  insure  to  him  who  gives  them  long 
5°  U) '  ^''    ^^/^'  P^^'^^  and  prosperity. 

Deuteronomic  Codes. 
Anincorri-        A   SOU  who  pcrsistcutly  and    defiantly  disobeys    his 
bLp^ubUdy    parents'  commands  and  does  not  respond  even  though 
(dT"\^m8-  ^^^y  punish  him,  shall  be  brought  by  them  before  the  vil- 
81 ;  27 :  16)    lage  elders.     There  the  parents  shall  publicly  state  that 

114 


Israel's  Lawgivers  Private  Laws 

he  is  defiant,  disobedient,  profligate  and  intemperate ;  and 
then  the  men  of  the  town  shall  join  in  stoning  him  to 
death,  that  by  a  signal  public  example  the  community  may 
be  delivered  from  the  dangerous  crime  of  filial  disobe- 
dience. 

Priestly  Codes. 

(P*^)  Reverence  is  due  from  every  child  to  his  parents,  Death  to  the 
and  the  one  who  instead  calls  down  imprecations  upon  (L^v.^igTaa; 
either  of  them  shall  be  put  to  death.  ^°  •  9) 

(2)  Authority  of  Father  over  Unmarried  Daughter  (Num.  30  : 
3-5) 
(P*)  Any  vow  or  obligation  assumed  by  an  unmarried  daugh-  Father's 
ter  while  she  is  still  residing  in  her  father's  house  may  be  dis-  (Num.  30:** 
annulled  and  set  aside  by  him,  in  which  case  she  shall  be  freed  3-5) 
from  all  responsibility  therefor. 

2.  Rights  of  Husbands  and   Wives  (Ex.  21 17-11 ;  Dt. 
21  :  10-14;  Num.  5  :  i2*'-27  ;  30  :  6-8,  12-15) 

The  Israelites,  like  all  oriental  peoples,  regarded  the 
wife  as  the  possession  of  her  husband.  He  purchased  her 
before  she  could  become  his  wife,  and  she  belonged  to 
him  as  completely  as  his  slaves  or  cattle.  Although 
Hebrew  thought  did  not  favor  the  practice,  Semitic  law 
left  the  husband  free  to  contract  other  marriages  with 
impunity,  provided  he  did  not  violate  the  rights  of  another 
man ;  but  his  wife  belonged  to  him  exclusively,  and  any 


Private  Laws  The  Messages  of 

infidelity  on  her  part  was  punishable  by  death.  This 
glaring  injustice  was  the  inevitable  consequence  of  the 
false  oriental  conception  of  marriage  and  of  the  place  of 
woman  in  society.  Accepting  perforce  the  current  ideas 
and  customs,  the  Israelitish  lawgivers  endeavored,  in  ac- 
cordance with  their  comparatively  high  sense  of  justice, 
to  protect  the  wife  where  there  was  most  danger  that  she 
would  be  wronged.  Most  of  their  laws,  which  have  been 
preserved,  have  this  one  practical  purpose. 

Primitive  Codes. 
Rights  of  a       (E)  If  a  man  purchase  as  a  slave  the  daughter  of  a 
b*™w  slave*   fcHow  Hebrew  in  order  that  he  may  make  her  his  concu- 
hwrnastCTor  ^^"^  ^"^  ^^^'^  ^^  ^^^^  "°^  plcase  him,  he  may  not  sell 
master's  son  her  as  a  slave  to  any  buyer,  except  to  one  who  will  make 
ii)  '^^'"^     her  his  concubine,  for  he   has  promised  her  the  rights 
of  a  wife  and  then  failed  to  realize  his  promise ;  there- 
fore to  reduce  her  to  the  position  of  a  common  slave 
would  be  unjust.     If  he  give  her  as  wife  to  his  son,  she 
shall  have  all  the  rights  and  privileges  of  a  daughter.     If, 
on  the  other  hand,  he  retains  her  as  his  concubine  and 
in  time  also  takes  another  wife,  he  shall  not  cease  to  pro- 
vide in  ample  measure  food  and  clothing,  and  to  perform 
the  duties  of  husband  toward  his  concubine.     If  in  any 
one  of  these  three  particulars  the  master  fails  to  comply 
with  this  law,  the  slave  shall  receive  her  freedom  in  com- 
pensation. 

ii6 


Israels  Lawgivers  Private  Laws 

Deuteronomlc  Codes. 

If  a  Hebrew  makes  a  woman  captured  in  war  his  wife  A  captive 

and  in  time  grows  tired  of  her,  he  may  divorce  her,  but  StSrewto* 

may  never  sell  her  into  slavery,  for  he  has  entered  into  an  Jreedom^f/ 

intimate  relation  with  her  as  his  wife  which  must  not  be  divorced 

(Dt.  21 :  lo. 
Ignored.  14) 

Priestly  Codes. 
(P')  If  a  husband  suspects  on  cfood  evidence  that  his  A  test  of  m- 

•r     I.  ,  •        ,       ,    ,  •  ,  ,  fidehtv  in  a 

Wife  has  secretly  committed  adultery  with  another  man,  wife  (Num. 
although  he  is  unable  to  present  any  witnesses  of  the^*" 
crime,  he  shall  bring  her  with  the  proper  offering  to  the 
priest  at  the  sanctuary.  Then  the  priest  shall  seat  her  in 
the  sanctuary  with  her  hair  unloosed  and  with  the  meal 
offering  in  her  hand.  In  an  earthen  vessel  he  shall  mix 
dust  gathered  from  the  floor  of  the  sanctuary  with  holy 
water ;  and,  before  he  gives  it  to  her  to  drink,  he  shall 
cause  her  solemnly  to  subscribe  to  the  following  oath: 
"If  you  are  innocent  of  the  charge  which  is  brought 
against  you,  may  you  be  delivered  from  the  evil  effects  of 
this  potion,  but  if  not,  may  Jehovah  make  you  accursed 
among  your  people  and  may  this  drink  cause  your  body  to 
swell  and  your  thigh  to  wither  away."  After  the  woman 
has  taken  the  oath  and  it  has  been  recorded  in  a  book  by 
the  priest,  he  shall  offer  the  meal  offering  and  cause  her  to 
drink  the  potion.  Then,  if  she  is  guilty,  it  will  affect  her 
as  specified  in  her  oath  and  she  will  be  despised  by  ail 
117 


Private  Laws  The  Messages  of 

because  of  her  guilt ;  but  if  she  is  innocent,  then  she  will 
not  be  harmed  by  the  drink  and  her  husband  shall  restore 
her  to  the  rights  of  a  wife. 

Authority  of     (P^)  If  a  married  woman  has   taken   a  vow  or  assumed 

overh^s        some  solemn  obligation  either  before  or  after  her  marriage 

wife  (Num.   ^nd  her  husband  make  no  objection  to  it  when  he  leams  there- 

30 :  6-8,  ■' 

12-15)  of,  it  shall  be  binding  upon  her ;  but  if  he  repudiates  the  vow 

or  the  obligation  which  she  has  rashly  assumed,  it  shall  cease 
to  be  binding  and  she  shall  not  be  held  responsible  therefor  by 
Jehovah.  A  husband  may  thus  set  aside  any  vow  or  obligation 
assumed  by  his  wife,  as  soon  as  he  learns  of  it ;  but  if  he  raises 
no  objection  until  several  days  have  elapsed  after  his  being  in- 
formed, he  may  still  make  them  null  and  void,  but  the  respon- 
sibility and  guilt  which  results  from  the  breaking  of  her  vows 
rest  upon  him. 

3.  Rights  of  Masters  and  Hired  Servants  (Dt.  24  :  14,. 
15  ;  Lev.  19  :  13*';  25  : 6;  22  :  10^;  Ex.  12  143*') 

Deuteronomic  and  Priestly  Codes. 
Prompt  pay.     No  employer  shall  wrong  a  hired  servant,  whether  he  be 
wages°(Dt.    ^  nativc-bom  Israelite  or  foreigner,  by  failing  to  pay  him 
Lel.'io'^isb)  ^^^  wages  at  the  close  of  the  day. 
Right  of       Priestly  Codes. 

vants^n"  (P'')  Hired  servants  shall  share  together  with  their  em- 

fuSiee^        ployers  and  all  classes  in  the  community  the  products  of 
(Lev.  25 : 6)  y^^^  j^^d  during  the  (fifteenth)  sabbatical  year. 

118 


IsraeVs  Lawgivers  Private  Laws 

(P^)  Unlike  the  household  slaves  in  a  priestly  family,  Ceremonial 
foreigners  and  hired  servants  shall  not  be  allowed  to  eat  pliS^upon 
of  the  food  consecrated  in  connection  with  the  ceremo- ^^'JJJ^  ^l^^^ 
nial,  (P)  nor  shall  they  partake  of  the  passover  meal.  22: 10b;  Ex. 

4.  Rights  of  Masters  and  Slaves 

Slavery  among  the  Israelites  was  something  funda- 
mentally different  from  what  it  was  among  the  Greeks 
and  Romans  and  in  later  times  among  Christian  nations. 
At  the  stage  of  civilization  represented  by  the  Old  Testa- 
ment legislation  there  was  much  that  was  good  associated 
with  it.  In  the  ancient  East  obedience  to  authority  was 
more  prominent  than  the  idea  of  personal  liberty.  Chil- 
dren were  subject  to  parents,  wives  to  their  husbands, 
men  to  their  tribal  elders,  and,  under  the  monarchy,  all  to 
the  king.  Obedience  to  the  will  of  another  was  a  source 
of  satisfaction  rather  than  dissatisfaction.  The  position 
of  a  slave  was  regarded  as  no  more  degrading  than  that 
of  a  family  servant  to-day,  for  a  worthy  slave  enjoyed  the 
esteem  and  confidence  of  the  master  and  might  aspire  to 
marriage  into  the  family  which  he  served.  Justice  and 
consideration  were  given  him  by  custom  and  in  certain 
instances  guaranteed  to  him  by  law.  In  turn  he  was  as- 
sured of  food,  protection,  and  a  home,  and  could  share 
almost  on  an  equality  with  the  children  of  the  household 
all  its  privileges  and  pleasures.  It  is  very  significant  that 
both  the  Primitive  and  Deuteronomic  codes  provide  for 
119 


Private  Laws  The  Messages  of 

the  evidently  not  infrequent  possibility  that  a  Hebrew  may 
prefer  to  remain  a  slave  all  his  life  rather  than  receive  his 
freedom. 

Among  the  Hebrews,  as  among  all  primitive  people, 
slavery  probably  grew  out  of  the  custom  of  taking  captives 
in  war.  Later  a  traffic  in  slaves  sprang  up  which  brought 
some  foreign  slaves  to  the  Israelites.  Slavery  was  also 
the  penalty  of  bankruptcy  and  the  final  refuge  of  the  poor 
man,  for  by  giving  up  his  freedom  he  could  in  the  last 
resort  secure  thereby  those  things  for  the  need  of  which 
he  was  perishing.  It  was  also  the  penalty  for  theft  when 
the  robber  had  not  that  with  which  to  satisfy  the  demands 
of  the  law.  Finally  parents  had  the  right  to  sell  their 
children  as  slaves,  not  to  foreigners,  but  to  their  own 
countrymen.  In  this  way  apparently  the  poor  often  saved 
themselves  from  ruin.  Especially  common  was  the  sale 
of  marriageable  daughters,  who  became  thereby  the  con- 
cubines of  their  masters  and  therefore  legal  members  of 
his  family  with  the  full  rights  of  a  wife. 

Since  slaves  were  regarded  as  members  of  the  house- 
hold, they  appear  rarely  to  have  been  resold,  especially  if 
they  were  Israelites.  In  theory  at  least  only  foreign  slaves 
remained  such  permanently  unless  by  choice.  Whether 
or  not  the  custom  of  manumitting  Hebrew  slaves  at  the 
end  of  the  sixth  year,  or,  in  accordance  with  the  later  law, 
at  the  year  of  jubilee,  was  generally  in  vogue  cannot  be 
determined  absolutely.    The  indications  are  that  the  laws 

I20 


Israel* s  Lawgivers  Private  Laws 

enjoining  it  were  not  usually  enforced.  ^  Otherwise  foreign 
slaves  seem  to  have  enjoyed  all  the  privileges  of  native 
born.  The  laws  protecting  the  rights  of  slaves  are  in 
striking  contrast  to  the  practice  of  the  Romans,  although 
of  course  they  do  not  anticipate  the  later  ideas  of  the 
equality  of  all  mankind.  No  master  could  kill  his  slave 
with  impunity,  and  serious  injury  to  a  slave  was  com- 
pensated for  by  the  granting  of  his  liberty.  Slaves,  as 
well  as  their  masters,  were  also  permitted  to  participate  in 
the  public  offerings  and  the  passover  feast,  although  resi- 
dent aliens  were  definitely  excluded  by  a  later  Priestly 
law. 

The  Israelitish  lawgivers  sought  in  each  succeeding 
code  to  protect  more  and  more  the  rights  of  slaves,  espe- 
cially if  they  were  native  born.  Thus,  for  example,  the 
Primitive  codes  simply  commanded  that  Hebrew  slaves  be 
set  free  after  six  years  of  service ;  the  Deuteronomic  codes 
added  that  their  masters  must  not  send  them  forth  empty 
handed ;  while  the  Priestly  codes  enacted  that  Hebrews 
should  not  be  enslaved,  but  rather  treated  as  hired  ser- 
vants, during  the  period  required  to  discharge  their  indebt- 
edness. Every  possible  provision  was  also  made  for  their 
redemption,  should  they  or  their  kinsmen  later  be  able  to 
raise  the  required  sum. 

A  comparison  of  the  position  of  slaves  among  the  an- 
cient Babylonians  and  Assyrians  is  instructive.     In  gen- 

»  Cf .  p.  225. 

121 


Private  Laws  The  Messages  of 

eral  their  condition  was  very  similar  to  that  of  Hebrew 
slaves.  They  apparently  enjoyed  even  greater  rights. 
They  could  hold  property  in  their  own  name,  carry  their 
cases  before  the  public  tribunals,  and  testify  in  court. 
Instances  are  recorded  in  which,  owing  to  financial  losses, 
the  relation  of  master  and  slave  was  completely  reversed. 
References  are  not  infrequent  to  loans  made  by  slaves  to 
their  owners.  There  is  no  evidence,  however,  that  there 
were  any  provisions  for  their  manumission  at  the  end  of  a 
given  period  of  service. 

(i)  Enslavement  of  Israelites  and  Aliens  (Lev.  2$ :  39,  40, 
42,  44-46.) 

Priestly  Codes. 
Complete         (P*')  If  an  Israelite  becomes  so  impoverished  that  he  is 
enslavement  obliged  to  Sell  himself  as  a  slave  to  a  fellow  Israelite,  he 
of  Hebrews  ghall  be  treated,  not  as  a  regular  slave,  but  as  a  hired  scr- 

forbidden  ** 

(Lev.  25:39,  vant  or  a  resident  alien,  his  master  standing  in  the  rela- 
40, 42,  4       ^.^^  ^^  j^.^  ^^  employer  and  patron ;  (P)  for  every  member 
of  the  race  which  Jehovah  redeemed  from  Egypt  belongs 
to  him  and  therefore  cannot  be  sold  into  slavery. 

(P**)  No  Israelite  shall  treat  a  member  of  his  own  race 
with  cruelty  or  lack  of  consideration. 
Enslave-  (P)  Foreign  slaves  and  the  children  of  resident  aliens 

foreigners     "^^Y*  howcvcr,  be  purchascd  by  the  Israelites  and  held 
(livT**     perpetually  by  them  and  by  their  descendants. 

122 


Israel* s  Lawgivers  Private  Laws 

(2)  Permanent  Slavery  (Ex.  21:  4-6;  Dt.  15:  16,  17) 

Primitive  Codes. 

If  a  slave,  who  has  been  given  a  wife  and  has  reared  chil-  The  custom 
dren  while  in  bondage,  shall  plainly  declare  that  he  loves  SJe^ear'^if^ 
his  family  and  prefers  to  remain  in  slavery  with  them  to  si^ve"??? 
going  out  free  without  them,  his  master  shall  bring  him  21:4.6) 
before  the  priestly  judges  at  some  sanctuary*  and  the 
priest'  shall  conduct  the  slave  to  the  door-post  of   the 
janctuary  and  there  his  master  shall  pierce  his  ear  with 
m  awl  as  a  token  of  his  hearing  and  heeding  the  will  of 
his  master  as  long  as  he  lives." 

Deuteronomic  Codes. 

When  the  many  sanctuaries  throughout  the  land  were  The  later 
declared  illegal  and  it  was  not  convenient  for  all  to  go  up  (Duals':  16, 
to  Jerusalem,  the  rite  of  piercing  the  ear  of  a  slave  enter-  '7) 
Ing  into  permanent  bondage  was  performed  by  the  master 
at  the  door-post  of  his  own  house ;  and  was  the  same  for 
both  male  and  female  slaves. 

»  Literally,  "  unto  God."  This  peculiar  expression  occurs  again  in  Ex. 
>2  :  8, 9,  where  it  plainly  refers  not  to  the  house-god,  which  was  placed  near 
the  door  in  private  houses,  but  to  the  priestly  judges  at  the  sanctuaries,  who, 
as  the  guardians  of  Jehovah's  oracle,  were  regarded  as  his  representatives. 

'  The  implied  subject  must  be  the  priestly  judge,  for  the  master  is  intro- 
duced only  later  as  the  subject  of  a  following  verb. 

»  Piercing  the  ear  of  a  slave  as  a  sign  of  his  bondage  was  common 
among  many  ancient  peoples,  including  the  Arabians,  Lydians  and  Car- 
thaginians. 


Private  Laws  The  Messages  of 

(3)  Sale  of  Slaves  (Ex.  21  :  7,  8) 
Primitive  Codes. 
Limiutions       (E)  A  Hebrew  maiden,  sold  by  her  father  to  another 
X-  ai .  7,  }  Hebrew  ^ith  the  understanding  that  she  is  to  become  his 
concubine,  may  not  again  be  sold  by  her  master  as  a  com- 
mon slave. 

(4)  Manumission  of  Israelitish  Slaves  (Ex.  21 :  2-4,  26,  27; 
Dt.  15 :  12-15,  18;  Lev.  25  :  10) 

Primitive  Codes. 
Released         (E)  After  serving  six  years,  on  the  seventh  every  He- 
ylare  of  ser-  t>rew  slave  shall  receive  his  freedom  without  paying  any- 
vice(Ex.  21:  fj^ij^g  fQj.  j^is  ransom.      If  married  when  his  period  of 
bondage  began  his  wife  and  family  shall  receive  their  free- 
dom with  him.     If,  however,  his  master  gave  him  a  wife 
during  his  period  of  bondage,  she  and  the  children  bom 
to  them  shall  continue  to  be  the  possession  of  the  master. 
Liberty  the       If  a  master  strikes  his  slave  so  as  to  destroy  his  eye  or 
tbn  £0?**"    tooth  (or  any  important  member),  the  slave  shall  receive 
serious  per-  j^jg  liberty  to  Compensate  for  the  irreparable  injury  done 

sonal  injury  -^  *  r  *      j 

(Ex.  21 :  26,  to  his  person. 

Deuteronomic  Codes. 

Cicnerosity 

*°  *•'?.*  ^^^'      A  master  shall  not  send  forth  a  slave,  who  has  served 

umitted 

slave  en-      him  the  appointed  six  years,  empty  handed.     He  shall  be 

joined  (Dt.  /  *^  ■  j    j       •  ,  ,  •  ,       • 

15:  X2-XS,  18)  generously  provided  with  cattle,  grain  and  wine  according 

124 


IsraeVs  Lawgivers  Private  Laws 

as  the  master  has  been  prospered,  for  otherwise  the  slave 
who  has  served  him  six  years  for  nothing,  doing  twice  as 
much  as  any  hired  servant,  will  soon  be  again  reduced  to 
penury  and  slavery.  Let  every  Israelite  remember  that 
his  ancestors  were  once  slaves,  delivered  by  Jehovah  from 
the  bondage  of  Egypt.  If  they  remember  and  are  gener- 
ous to  their  slaves,  Jehovah  will  prosper  them  in  all  their 
undertakings. 

Priestly  Codes. 

(P)  On  the  fiftieth  year  of  jubilee  every  IsraelitishAU  Israelites 
slave  shall  receive  his  liberty  and  be  allowed  to  return  to  on  the*** 
his  family  and  to  claim  again  his  ancestral  possessions.     fL2v!'iJ?^) 

(5)  Redemption    and  Rights  of  Israelites   Sold  t6  Resident 
Aliens  (Lev.  25  :  47-55) 

Priestly  Codes. 

(P**)  If  a  foreigner  or  resident  alien  grows  rich  and  he  The  right  of 
or  his  family  acquire  as  a  slave  an  Israelite  who  has  (P)  (LevTas^^Jj- 
become  impoverished,  the  Hebrew  has  the  right  of  buying  5*) 
back  his  freedom  whenever  he  or  any  of  his  kinsmen  have 
the  means.    The  amount  paid  therefor  shall  depend  upon 
the  sum  for  which  he  was  sold  and  the  number  of  years 
remaining  until  the  year  of  jubilee.     If  many  years  still 
remain  he  shall  pay  that  part  of  the  total  sum  for  which 
he  was  sold  represented  by  the  ratio  of  the  number  of 
years  he  has  already  served  to  the  entire  number  of  years 

125 


Private  Laws 


The  Messages  of 


Considera- 
tion (Lev. 
85 :  53) 


Liberation 
(Lev.  25 : 
54t5S) 


from  the  date  of  his  enslavement  to  the  year  of  jubilee.* 
If  only  a  few  years  remain  he  shall  simply  pay  the  equiva- 
lent of  the  hire  of  a  servant  according  to  the  current 
wages  for  the  time  he  would  be  required  to  serve  before 
receiving  his  release. 

(P**)  Israelitish  slaves  owned  by  aliens  shall  be  treated 
with  the  same  consideration  as  hired  servants.  Cruelty 
or  injustice  toward  them  is  forbidden. 

(P)  If  not  redeemed  before,  they  and  their  children  shall 
receive  their  freedom  on  the  year  of  jubilee,  for  every 
Israelite  belongs  to  Jehovah,  who  redeemed  his  people 
from  the  bondage  of  Egypt. 


(6)  Reception  of  Fugitive  Slaves  (Dt.  23 :  15,  16) 


Deuteronomic  Codes. 

If  a  slave  escapes  from  cruel  treatment  at  the  hands  of 
his  foreign  master  and  finds  refuge  in  the  land  of  Israel, 


Humanity  to 
be  shown 
to  an  es- 
caped slave  Yit  shall  be  allowed  to  dwell  unmolested  in  whatever  town 
(jjt.  23 .  15, 

»6)  he  may  choose  as  his  home. 


»  That  is,  the  original  price  of  sale  is  to  be  multiplied  by  the  number  of 
years  he  has  already  served  and  the  result  divided  by  the  number  of  years 
from  the  original  sale  to  the  year  of  jubilee. 


126 


Israel* s  Lawgivers  Private  Laws 

(7)  The  Penalty  for  Injury  Done  to  Slaves  (Ex.  21  :  20,  21, 

26,  27 ;  Lev.  19 :  20-22) 

Primitive  Codes. 

(E)  A  master  who  maltreats  his  slave  so  that  death  Fatal  injury 
quickly  ensues  shall  be  punished  as  the  judges  shall  decide  (^x?"  "o, 
after  investigating  the  circumstances  of  the  case.     If  the  ^^^ 
slave  survive  for  a  day  or  two,  the  master  shall  be  ac- 
quitted, for  the  evidence  of  his  cruelty  is  not  so  obvious 
and  the  loss  of  the  slave  is  in  itself  a  punishment. 

A  slave  who  receives  at  the  hands  of  his  master  a  per-  Permanent 
manent  injury,  impairing  his  ability  to  support  himself ,  JJSr  (Lt.  | 
shall  receive  his  freedom  in  compensation.  ^^-  *^»  ^7) 

(8)  Reparation  for  Injury  Done  to  Slaves  (Ex.  21  :  321;  Lev. 

19 :  20-22) 
Priestly  Codes. 

(P^)  If  a  man  has  intercourse  with  a  female  slave  under  Penalty  for 
contract  to  be  married  to  another  man  and  not  yet  re-  couree"be- 
deemed  or  set  free,  they  shall  both  be  subject  to  the  sen-  ^a^and'a*' 
tence  imposed  by  the  court  after  due  investigation  of  the  j'*7H^^* 
case.    The  death  penalty,  however,  may  not  be  inflicted, 
for  one  of  the  parties  to  the  crime  was  a  slave  and  there- 
fore not  responsible  as  a  free  person. 

To  secure  Jehovah's  forgiveness  for  kts  crime  the  man 

*  For  the  law  in  regard  to  the  compensation  due  a  master  for  the  loss  of 
a  slave  cf.  p.  91. 

127 


Private  Laws  The  Messages  of 

The  man's    shall  bring  to  the  priest  at  the  sanctuary  a  ram  which 
Sg  (Lev/*    shall  be  offered  as  a  guilt-offering, 

19 :  31,  az) 

(9)  Religious  Privileges  of  Slaves  (Dt.   12 :  17,  18;   16:  10, 
11;  Ex.  12:43*') 

Deuteronomic  Codes. 

To  share         When  the  Hebrews  eat  at  the  central  sanctuary  the 
kirsJeS.  "*:  tithes  of  their  grain  and  wine  and  oil,  and  the  firstlings  of 
V.  18)         ^j^gjr  herd  and  flock,  and  their  votive  and  voluntary  offer- 
ings, they  shall  share  them  with  their  children,  their  male 
and  female  slaves,  and  the  Levites  resident  in  their  towns. 
Topartici-        The  Hebrews  shall  celebrate  the  feast  of  weeks  by 
ofwe^ks""*  bringing  to  Jehovah's  chosen  sanctuary  their  voluntary 
(16: 10,  xi)   offerings  according  as  they  have  been  prospered,  and  there 
with  glad  rejoicings  shall  share  them  with  their  children, 
their  male  and  female  slaves  and  the  poor  and  dependent 
members  of  the  community. 

Priestly  Codes.  • 

To  share  in      (P)  No  uucircumciscd  resident  alien  shall  be  permitted 
ovtr^'feast     to  participate  in  the  passover  feast ;  but  family  slaves,  pur- 
^^*- "•^3'*^  chased  by  their  master  and  duly  circumcised,  shall  be 
allowed  to  partake  thereof. 

5.  Rights  of  Resident  Aliens 

The  Israelitish  lawgivers,  reflecting  current  usage,  dis- 
tinguished sharply  between  a  foreigner  {pen  nikhdr)  and 
128 


TsraeVs  Lawgivers  Private  Laws 

one  of  non-Israelitish  parentage — or  in  early  times  a  mem- 
ber of  another  tribe — who  had  taken  up  his  permanent 
residence  in  Israel  and  placed  himself  under  the  protection 
of  the  community  and  of  its  god  {ger),  virtually  identify- 
ing his  interests  with  those  of  the  people  of  his  adoption. 
To  the  first  class,  the  foreigners  who  retained  their  na- 
tionality and  did  not  seek  the  protection  of  the  tribe  or 
community  amidst  which  they  found  themselves  tempo- 
rarily, the  Israelitish  law  guaranteed  no  rights.  Their 
own  nation  or  tribe  was  their  champion. 

The  resident  alien,  however,  was  regarded  very  differ- 
ently. In  claiming  the  protection  of  the  Israelitish  tribe 
or  community  he  severed  his  connection  with  the  race  or 
clan  of  his  birth.  The  reasons  influencing  foreigners  to 
identify  themselves  with  the  Israelites  were  many  :  inter- 
marriage, purposes  of  trade,  dissatisfaction  with  conditions 
at  home,  desire  to  escape  the  consequences  of  a  crime  or 
a  blood  feud,  or  simply  the  wandering  instincts  natural  to 
many  at  all  periods  of  the  world's  history.  The  varied  * 
band  of  retainers  who  gathered  about  David  in  his  royal 
days  is  a  good  illustration  of  this  usage.  The  enactments 
of  the  different  codes  in  regard  to  the  resident  alien  is 
richly  suggestive  of  the  changed  attitude  of  the  Israelites 
during  the  succeeding  centuries.  The  Primitive  codes 
simply  urge  that  no  Hebrew  wrong  him  ;  he  has  no  clearly 
defined  rights.  The  Deuteronomic  codes  mark  a  great 
advance  in  public  sentiment.  Most  of  the  enactments  re- 
129 


Private  Laws  The  Messages  of 

garding  him  are  still  simply  exhortations,  but  they  enjoin 
not  merely  justice  but  also  kindness,  love  and  several 
forms  of  practical  charity,  calculated  to  relieve  the  poverty 
which  was  ordinarily  the  lot  of  the  resident  alien.  They 
also  conceded  to  him  a  part  in  the  religious  festivals  of 
the  nation,  without  holding  him  responsible  for  the  ob- 
servance of  the  ceremonial  laws  binding  upon  the  Israel- 
ites. 

In  the  later  Priestly  codes  he  is  at  last  placed,  provided 
he  submits  to  the  rite  of  circumcision,  on  practically  a  re- 
ligious equality  with  the  native  Israelite,  sharing  in  the 
feasts  and  offerings  and  under  obligation  to  conform  to 
the  ceremonial  regulations.  The  Deuteronomic  law  per- 
mitting him,  for  example,  to  eat  of  the  flesh  of  animals 
dying  a  natural  death  is  definitely  abrogated.  To  all  in- 
tents the  resident  alien  was  at  last  completely  adopted  into 
the  community,  although  in  certain  respects  he  did  not 
receive  full  political  rights,  as  is  illustrated  by  the  law  ren- 
dering it  impossible  for  him  to  retain  a  Hebrew  as  his 
slave  when  offered  the  sum  legally  required  for  his  re- 
demption. With  a  very  few  exceptions,  however,  less 
perhaps  in  practice  than  in  theory,  he  was  subject  and 
could  appeal  to  precisely  the  same  laws,  civil  and  cere- 
monial, as  the  native-born  Israelites.  Thus  as  later  Juda- 
ism built  higher  and  higher  the  barrier  between  itself  and 
the  outside  world,  it  took  more  completely  to  its  heart  all 
who  unreservedly  entered  its  ranks,  preparing  the  way  for 
130 


Israel's  Lawgivers  Private  Laws 

that  important  proselyting  movement  which  began  during 
the  centuries  preceding  the  advent  of  Christianity. 

(i)  Justice  and  Kindness  from  the  Native  Israelites  {Ex.  22: 
21 ;  Dt.  24  :  14,  17,  18  ;  i  :  16 ;  27  :  19 ;  10  :  19 ;  Lev.  19  : 
33,  34;  24:  16,  22  ;  Num.  15  :  29,  30;  35  :  15) 

Primitive  and  Deuteronomic  Codes. 

(E)  Let  no  Hebrew  defraud  or  take  unjust  advantage  Not  tode- 

of  the  resident  aliens  who  do  not  possess  the  rights  of  sJranger(Ex. 

citizenship  and  who  therefore  are  unable  to  defend  them- ^^ ; "  =  iP^ 
*  24 .  14, 17, 

selves  ;  but  let  the  Hebrews  always  remember  that  they  were  18) 
once  resident  aliens  in  the  land  of  Egypt. 

Deuteronomic  Codes. 

(D^)  Let  every  Hebrew  judge  render  impartial   decision,  Impartial 
,      ,  ,  .     ,       ,  ;„  .X,  ,  justice  to  I  I 

whether   the   suit  be  between  fellow  Hebrews  or  between  a  him  in  He- 
Hebrew  and  a  resident  alien.  (dTiTJST 

In  the  public  ritual  of  imprecation  the  priests  shall  solemnly  Acurseupon 
declare:  "A  curse  upon  the  man  who  prevents  a  resident  alien  ^ronginK 
or  other  dependent  member  of  the  community  from  securing  him  (27: 19) 
justice  in  the  courts ;  "  and  the  people  shall  respond  in  chorus : 
"So  let  it  be." 

In  delivering  the  Israelites  from  Egypt,  where  they  were  Practical 
strangers  in  a  strange  land,  Jehovah  showed  his  love  for  resi-  ^i^  (10 :  19) 
dent  aliens  ;  therefore  let  his  people  love  and  cherish  them  as 
they  do  their  fellow  Hebrews. 


131 


Private  Laws 


The  Messages  of 


Tustice  and 
love  (Lev. 
19 :  33.  34) 


Subject  to 
Israeli  tish 
law  (Lev. 
:  16,  22; 
um.  15: 
29.30:35: 
IS) 


??, 


Sharing  the 
offerings  of 
the  feast  of 
weeks  with 
the  resident 
aliens 

(Dt.  16:  10- 
12) 


The  trien- 
nial tithe  set 
aside  for 
resident 
aliens 
(14 :  a8,  29) 


Priestly  Codes. 

,  (P^)  Let  no  Israelite  do  an  act  of  injustice  to  a  resident 
alien,  but  rather  let  him  always  treat  him  as  a  native 
Israelite,  and  love  him  as  a  brother,  remembering  that  his 
ancestors  also  were  once  resident  aliens. 

The  same  laws  covering  all  crimes  and  misdemeanors 
shall  apply  alike  to  resident  aliens  and  native  Israelites, 
and  shall  be  impartially  executed. 

(2)  Practical  Charity  (Dt.  16:  10-12;   14:  28,  29;  24:  19-22$ 
Lev.  19 :  9,  10 ;  23 :  22 ;  25 :  6) 

Deuteronomic  Codes. 

At  the  festival  of  weeks  every  Hebrew  shall  bring  his 
offerings  up  to  the  chosen  sanctuary  of  Jehovah  and  there 
shall  share  them  with  the  members  of  his  family,  with  the 
resident  aliens,  and  the  other  needy  members  of  the  com- 
munity, remembering  all  that  Jehovah  did  for  his  race  in 
its  time  of  need. 

Every  third  year  the  Hebrews  shall  store  up  a  tenth  of 
that  which  their  ground  has  produced  in  public  storehouses 
within  their  different  towns.  Thither  the  resident  aliens, 
the  fatherless  and  widows,  shall  come  and  eat  of  the  stores 
to  the  full,  for  by  such  practical  benevolence  Jehovah's 
people's  will  secure  his  blessing  upon  their  every  under- 
taking. 

Sheaves  overlooked  in  the  harvest,  the  last  beating  of 
132 


IsraeVs  Lawgivers  Private  Laws 

the  olive  orchards,  and  the  final  gleanings  of  the  vineyards  Gleanings  of 
shall  be  left  for  the  resident  aliens,  the  widows  and  ais^o  to  be" 
orphans.  '^.t 

Priestly  Codes.  (24:19-") 

(P**)  The  grain  which  grows  in  the  corners  of  the  fields  Comers  of 
and  the  grapes  which  fall  during  the  time  of  gleaning  and  fallen 
shall  be  left  behind  for  the  poor  and  the  aliens  residing  in  ^^'^J^T* 
the  land.  23:22) 

(P**)  During  the  fiftieth  year  of  jubilee  when  the  land  The  increase 
is  to  lie  fallow  all  that  the  ground  produces  of  itself  shall  of  jubifee" 
be  shared  equally  by  the  owners,  the  resident  aliens  and^^^*  *5J6) 
the  domestic  and  wild  animals. 

(3)  Economic  Limitations  (Dt.  15:1-3;  23 :  20 ;    Lev.  25 :  47, 

48.  S3) 
Deuteronomic  Codes. 

On  the  seventh  year  no  creditor  shall  collect  interest  on  No  exemp- 
a  loan  made  to  a  Hebrew ;  but  from  a  foreigner  it  may  be  paymemof 
demanded  and  payment  enforced.  (D^tJ-i-a; 

Priestly  Codes.  ''^'''°^ 

(P)  The  freedom  of  every  Israelite  sold  for  debt  as  a  slave  inability  to 
to  a  foreigner  or  resident  alien  may  be  purchased,  when-  i°raeU?ish 
ever  the  slave  or  his  kinsmen  are  able  to  pay  the  amount  ri^n'^o^^jsof* 
of  the  ransom  as  established  by  law.     (P'')  If  he  is  not  re-  fered  (Lev. 
deemed  he  shall  be  treated  with  consideration  as  a  hired  53) 
servant,  not  cruelly  as  a  slave. 

133 


Private  Laws  The  Messages  of 

(4)  Religious  Limitations  and  Privileges  (Ex.  20:  10;  23: 
12;  Dt.  5:  14;  14:  21;  Lev.  22:  12,  13;  17:  8-16;  22: 
18-25;  18:24-26;  Ex.  12:43-45,48,  49;  Lev.  16:29; 
Num.  9:  14;  15:14) 

Primitive  and  Deuteronomic  Codes. 

To  enjoy  the  The  Sabbath  is  a  holy  day  of  rest  for  all  members  of 
(Ex.?o:?o;  the  Community,  including  the  resident  aliens  as  well  as  the 
sViJ)'  ^^■'  "^^^^^^  born. 

Deuteronomic  Codes. 
Things  dy.       While  no  Hebrew  may  eat  anything  which  dies  a  nat- 
deith"m"y^  ural  death,  it  may  be  given  to  a  resident  alien  or  sold  to 
forerner^^  a  foreigner  and  eaten  by  him  with  impunity,  for  he  does 
(Dl  14 :  2ift)  not,  like  the  Hebrews,  belong  to  Jehovah's  holy  people. 


Priestly  Codes. 

No  food  (ph)  No  resident  alien  or  priest's  daughter,  married  to 

by"sacrifice   a  resident  alien  (still  living),  shall  be  allowed  to  eat  food 

Ss?^'  ^^ '  '^'  which  has  been  presented  as  an  offering  before  Jehovah. 

Resident  (P^)  The  Same  laws  in  regard  to  bringing  all  offerings 

]VcTtoTame  to  the  sanctuary,  in  regard  to  not  eating  the  blood,  in  re- 

faws"Is"na-    S^^^  ^^  eating  animals  dying  a  natural  death  or  torn  by 

tives(Lev.    bcasts  of  prey,  and  in  regard  to  the  kind  of  animals  suita- 

17: 8-16;  22:  ^    ■"  ° 

18-25 ;  18 :    ble  for  sacrifice  shall  apply  both  to  resident  aliens  and 

^'^  native  Israelites. 

(P)  No  foreigner  shall  be  allowed  to  eat  of  the  passover 

meal,  not  even  a  resident  alien,  unless  he  and  all  the 

134 


IsraeVs  Lawgivers  '  Private  Laws 

males  of  his  household  are  circumcised.    Having  under-  Partidpa- 
gone  this  rite  which  distinguishes  the  Israelites  as  a  nation,  passover 
he  shall  enjoy  equal  privileges  with  the  native  born.  ^^^\^^,^%^ 

49) 
(P*)  In   the  observance   of  the  passover  and  the  day   of  Governed  by 
atonement,  in  offering  burnt-offerings  to  Jehovah,  and  in  all  regulations 
the  details  of  the  ritual  resident  aliens  shall  be  governed  by  the  is4di"eY'^* 

same  laws  as  native  Israelites.  (Lev.  i6: 29: 

Num.  9: 14; 
15:14) 

6.  Rights  of  Widows  and  Orphans  (Ex.  22:22;  Dt.  24: 
17,  18;  27:19;  24: 19-22  ;  14:28,  29;  16  :  11) 

Primitive  Codes. 

(E)  Let  no  Hebrew  take  advantage  of  the  helplessness  injustice  to 
and  defencelessness  of  the  widow  and  orphan  to  wrong  or  puSed  by 
oppress  them  in  any  way,  for  Jehovah  himself  is  their  J|^°^*^^^j 
champion  and  he  will  execute  severe  judgment  upon  the 
base  perpetrator  of  such  a  crime. 

Deuteronomic  Codes. 

Let  no  Hebrew  use  his  authority  or  influence  in  any  impartiality 
way  to  prevent  the   resident  alien  and  fatherless  from  sideratSin 
securing  full   justice  when   they  appeal   to  the   public  J^"J^^^^«^ 


tribunals ;  nor  let  any  one  be  so  heartless  as  to  take  the  Israelite 
garment  of  a  widow  in  pledge  for  a  loan;  but  let  the  i8;*27:*x9)' 
Israelites  ever  gratefully  remember  how  Jehovah  delivered 
them  in  their  helplessness  from  Egypt. 
The  forgotten  sheaf,  the  last  gleanings  of  the  olive 

135 


Private  Laws 


The  Messages  of 


Practical      Orchard  and  vineyard  shall  be  generously  left  to  alleviate 
(:!\Ti^-22)    the  needs  of  the  resident  aliens,  the  fatherless  and  the 

widows  in  the  community. 
The  trien-  Likewise  one-tenth  of  all  the  product  of  the  ground 
"^4:28,29)  shall  be  stored  up  each  third  year  in  the  different  towns 
for  the  free  use  of  the  poor  Levites,  the  resident  aliens, 
the  fatherless  and  the  orphans,  that  their  wants  may  be 
satisfied  and  the  whole  nation  blessed  by  virtue  of  the 
noble  benefaction. 

These  needy  classes  shall  also  be  invited  by  the  He- 
brews to  share  with  them  in  the  feasting  and  glad  rejoic- 
ings at  the  sanctuary  in  connection  with  the  feast  of 
weeks. 


Participa- 
tion in  the 
feasts 
(16:11) 


7.  Rights  of  the  Poor  (Ex.  23  :6;  Dt.  15:7-11;  Lev.  19: 
9,  10;  23:22;  25:35-38) 

Primitive  Codes. 
Justice  in         (E)  Let  no  Hebrew  use  his  authority  or  influence  to 
(E^!^23?6)    prevent  in  any  way  a  poor  man  from  securing  full  justice 

when  he  appeals  to  the  public  tribunals. 

Deuteronomic  Codes. 

Let  no  Hebrew  refuse  or  hesitate  because  the  seventh 
year  of  release  *  is  near,  when  no  interest  or  loans  can  be 

'  This  law  seems  definitely  to  indicate  that  the  seventh  year  of  release, 
like  the  later  year  of  jubilee,  was  fixed  alike  for  all  members  of  the  com- 
munity.    On  the  other  band  the  release  of  a  slave  appears  to  have  been 
136 


Charity  in 
the  form  of 
loans  (Dt. 
15:7-") 


IsraeVs  Lawgivers  Private  Laws 

collected,  to  loan  to  a  poor  fellow-countryman  sufficient 
to  meet  his  wants.  Rather  let  every  man  possessing  the 
means  generously  loan  to  his  poor  brother,  assured  that 
Jehovah  will  richly  bless  the  deed. 


Priestly  Codes. 
(P**)  The  grain  which  grows  in  the  corners  of  the  field  Gleanings 

19:4 


and  the  gleanings  of  the  harvest  field  and  vineyard  shall  (LeJ  *  ^^ 


be  left  for  the  poor  and  dependent  in  the  community.         ^°'  23: 22) 
(P**)  If  an  Israelite  becomes  impoverished  or  incapaci-  Loans  witlv 
tated,  he  shall  be  supported  by  his  fellow-countrymen  as  ?" the'poor 
a  ward  of  the  community.     Like  the  resident  aliens^^^^^^' 
shall  he  be  treated.     Money  and  the  other  things  neces- 
sary for  his  living  shall  also  be  loaned  to  him  without 
recompense.     Thus  shall  the  Israelites  repay  Jehovah  for 
their  deliverance  from  Egypt. 

8.  Rights  of  the  Aged  (Lev.  19 :  32*) 

Priestly  Codes. 

(P»»)  Let  every  one  show  honor  and  reverence  to  those  Honor  and 
whom  Jehovah  has  crowned  with  gray  hairs  and  many  ^*^  ^J^ 
years,   for  these  are  symbols  of  his  favor,  of  a  mature 
wisdom,  and  of  long  service  for  their  fellows. 

after  each  individual  slave  had  served  six  years.  The  exact  intent  of  the 
law  is  obscure.  In  the  case  of  slaves  each  may  have  originally  served  ux 
years ;  while  for  obvious  reasons  the  release  of  the  land,  and  therefore  of  in- 
terest, came  on  a  year  fixed  for  all  members  of  the  community.     Cf.  p.  224. 

137. 


Private  Laws  The  Messages  of 

9.  Rights  of  Debtors  (Ex.  22:26,  27;  Dt.  15  : 1-3) 

Primitive  Codes. 
Return  at        (E)  No  garment  of  a  creditor,  taken  to  secure  a  loan, 
mfnt5°^?en'  ^hall  be  retained  after  sunset  by  the  creditor,  since  the 
in^piedge^     outcr  garment  (which  would  thus  be  employed)  is  the  bed 
87).  '  of  the  poor  man  and  his  only  protection  from  the  cold  of 

night. 

Deuteronomic  Codes. 
Exemption       On  the  appointed  seventh  year  of  release,  when  there  is 
ment?f  m-   "<>  Cultivation  of  the  ground  and  therefore  no  fixed  in- 
terest and     come.  Creditors  shall  not  demand  from  Hebrews  to  whom 

principal  on  ' 

seventh  year  they  havc  made  loans  interest  or  the  payment  of  the  prin- 
*  '*^  cipal.    From  a  foreigner  (who  is  not  subject  to  the  law  of 
the  sabbatical  year)  both  may  be  required  as  on  ordinary 
years. 

10.  Rights  of  Relatives  of  Criminals  (Dt  24:16) 

Deuteronomic  Codes. 

Punishment      Contrary  to  the  ancient  usage,*  the  parents  or  offspring 
the^riminal  ^^  Criminals  shall  not  be  put  to  death  for  the  misdeeds  of 
(Dt.  24: 16)  (.j^gjj.  near  relatives;  but  the  penalty  of  each  man's  crime 
shall  be  visited  upon  his  head  alone. 

»  Cf.  2  K.  14: 5,  6;  2  S.  2x:  1-9. 


138 


IsraeVs  Lawgivers  Private  Laws 

III 

CONJUGAL   RIGHTS 

Since  the  wife  was  regarded  as  the  possession  of  her 
husband,  purchased  for  a  definite  sum  from  her  father, 
marriage  was  a  private  contract  in  which  the  state  or  re- 
ligion had  no  part.  Many  social  functions  accompanied 
a  Hebrew  marriage  ceremony,  but  its  vital  element  was 
the  conducting  of  the  bride  to  his  home,  after  the  bride- 
groom had  paid  to  her  father  the  sum  agreed  upon  and 
set  aside  for  her  dowry.  Hence  the  ordinary  details  of 
marriage  were  determined  by  custom  and  receive  no  at- 
tention in  the  public  codes.  Only  exceptional  cases  and 
questions  in  which  the  lawgivers  seek  to  modify  existing 
usages  are  treated.  The  current  customs  may,  however, 
be  easily  inferred  from  the  laws  which  have  been  preserved. 

I.  Relatives  between  whom  Marriage  is  Illegitimate  (Dt, 
22  :  30;  27  120,22,23;  Lev.  18  :6-i8,  24;  20: 11, 12,14, 
17.  19-21) 

Marriage  between  near  relatives  was  exceedingly  com- 
mon in  antiquity  even  among  the  most  civilized  nations. 
In  the  Egyptian  and  Persian  royal  families  marriages  be- 
tween brothers  and  sisters,  and  in  some  exceptional  cases, 
between  parents  and  children,  are  recorded.  One  of  the 
later  Priestly  writers  (Lev.  18  :  24)  implies  that  mar- 
139 


Private  Laws  The  Messages  of 

riages,  regarded  by  the  Israelites  as  illegitimate,  were  com- 
mon among  the  Canaanites.  Hebrew  history  preserves 
the  memory  of  several  conspicuous  examples  of  the  an- 
cient usages  which  the  later  lawgivers  sought  to  over- 
throw. Tradition  states  that  Abraham  married  his  half- 
sister  (Gen.  20:12);  Jacob  married  two  sisters;  Amnon, 
the  son  of  David,  was  urged  by  his  half-sister  Tamar  to 
make  her  his  wife  with  the  assurance  that  the  king's  con- 
sent could  readily  be  obtained  (2  S.  13:13) ;  Moses's  par- 
ents were  related  as  nephew  and  aunt  (Num.  26  :  59). 
Marriage  with  a  father's  or  brother's  widow  was  frequent. 
The  desire  to  perpetuate  the  family  or  clan  and  to  retain 
inherited  wealth  and  the  nobler  purpose  of  protecting 
members  of  the  family  from  the  suffering  attendant  upon 
widowhood  and  orphanage  were  powerful  motives  leading 
to  marriage  between  those  closely  related,  especially  by 
affinity. 

The  motives  originally  underlying  the  prohibitions  are 
not  always  so  obvious.  Possibly  observation  had  revealed 
the  evil  consequences  of  close  intermarriage  within  the 
same  family.  Childlessness  is  the  penalty  for  illegitimate 
marriage  with  the  wife  of  an  uncle  or  brother  ;  but  here 
the  law  of  heredity  would  not  assert  itself  as  in  the  case 
of  those  closely  related  by  blood.  In  the  three  instances 
in  which  the  community  is  commanded  to  execute  the 
death  sentence  the  crime  is  not  marriage  between  blood 
kinsmen  (Lev.  20: 11,  12,  14).  The  act  apparently  most 
140 


IsraeVs  Lawgivers  Private  Laws 

repulsive  to  the  sense  of  the  lawgivers  was  the  marriage 
of  both  a  mother  and  her  daughter  to  the  same  man. 
Another  version  of  this  law  (Lev.  i8  :  i8)  reads :  '•  Thou 
shalt  not  take  a  woman  to  be  a  rival  to  her  sister  to  un- 
coVv,.  her  nakedness  beside  the  other  in  her  lifetime." 
Many  references,  like  the  story  of  Hannah  in  the  opening 
chapter  of  First  Samuel,  might  be  cited  to  demonstrate 
that  polygamy  in  the  past  was  no  more  conducive  to  peace- 
ful family  life  than  in  the  present.  Certain  of  these  laws 
seem  to  be  intended  to  protect  the  peace  of  the  home 
from  unnecessary  rivalries,  such  as  would  naturally  arise 
if  a  mother  and  her  daughter  or  granddaughter  were 
placed  in  the  equality  of  wifehood.  In  other  instances,  as 
for  example  the  marriage  with  a  step-mother,  the  reason 
seems  to  be  a  sentimental  one :  the  conjugal  relations  be- 
tween her  and  the  father  are  regarded  as  sacred.  For  a 
son  to  marry  her  is  to  violate  that  sanctity,  and  therefore 
is  an  act  of  impiety  toward  the  memory  of  his  father. 
•  The  growth  of  public  opinion  in  regard  to  the  degree  of 
relationship  in  which  marriage  was  permissible  is  sugges- 
tively recorded  in  the  different  codes.  The  Primitive 
codes  contain  no  prohibitions.  The  original  Deuter- 
onomic  code  has  but  one.  The  Holiness  code,  probably 
in  part  reflecting  earlier  ideas  and  usages,  contains  a  sys- 
tem so  comprehensive  that  later  lawgivers  found  nothing 
to  add  thereto.  Ezekiel— as  in  many  other  instances — 
has  in  mind  the  principles,  already  gaining  acceptance, 
«  141 


Private  Laws 


The  Messages  of 


Near  rela- 
tionships 
(Dt.  22  :  30 ; 
27 :  20,  22, 
23) 


Prohibited 
degrees  of 
relationship 
(Lev.  18  : 
6.18,  24) 


Penalties  for 
illegitimate 
marriages 
(Lev.  20:  II, 
12,  14,  17, 
19-21) 


but  not  universally  enforced,  which  were  embodied  in  the 
Holiness  code,  when  he  condemns  certain  of  his  contem- 
poraries for  entering  into  incestuous  relations  with  a  step- 
mother, with  a  daughter-in-law,  or  with  a  half-sister  (22 : 
10,  II). 

Deuteronomic  Codes. 

Marriage  with  a  step -mother  is  strictly  forbidden,  and 
Jehovah's  stern  disapproval  rests  upon  the  man  who  takes  as 
wife  either  his  half-sister  or  his  mother-in-law. 

Priestly  Codes. 

(P'')  Marriage  with  an  own  mother,  a  step-mother,  an 
own  sister,  a  half-sister,  a  grand-daughter,  an  aunt,  an 
uncle's  wife,  a  daughter-in-law,  a  sister-in-law,  both  a 
mother  and  her  daughter,  both  a  grandmother  and  her 
granddaughter  or  two  sisters  is  illegitimate.  ^  Because  the 
Canaanites  commonly  contract  such  marriages  as  these 
they  have  incurred  Jehovah's  displeasure  and  are  being 
driven  forth  from  their  land.  Let  not  the  Israelites  com- 
mit like  crimes  and  incur  like  penalties. 

(P^)  Marriage  between  a  man  and  his  step-mother  or 
his  daughter-in-law  shall  be  punished  by  the  death  of 
both  the  guilty  parties.   If  a  man  commits  the  gross  crime 

1  The  Hebrew  idiom  "  to  uncover  the  nakedness  of"  is  used  in  Ezek.  16: 
36 ;  23 :  18  to  designate  illicit  intercourse  with,  but  here  it  clearly  has  the 
meaning  to  contract  marriage  with  a  person.  Compare  the  parallel  idiom 
w.  17,  18 :  "  to  take  [as  wife]." 

142 


IsraeVs  Lawgivers  %  Private  Laws 

of  marrying  both  a  mother  and  her  daughter,  all  three 
shall  die  and  their  bodies  be  burned  with  fire.  Marriage 
with  a  sister  or  half-sister  is  disgraceful  and  will  be  pun- 
ished by  Jehovah.  Marriage  with  an  aunt  or  with  the 
wife  of  an  uncle  or  with  a  sister-in-law  is  sinful  and  will 
be  punished  with  childlessness. 

2,  Marriage  with  Aliens  (Ex.  34  :  12, 15,  i6 ;  Dt.  7:1-6; 
Num.  25  : 6-15) 

The  laws  also  reflect  the  gradually  changing  attitude  of 
the  Israelites  toward  marriage  with  aliens.  The  silence  of 
the  Primitive  codes  is  in  harmony  with  the  early  narratives 
which  represent  kings  like  David,  Solomon  and  Ahab, 
and  private  individuals,  like  Samson  and  Bathsheba,  as 
freely  marrying  with  foreigners.  In  the  earlier  days  of 
Hebrew  history  marriage  with  the  ancient  Canaanitish 
population  was  exceedingly  common  (cf.,  e.g.,  Gen.  38  :  i, 
2).  The  prohibition  in  Exodus  34  :  12-16  is  probably 
not  earlier  than  the  law  of  Deuteronomy  which  marks  the 
beginning  of  the  change  in  public  feeling,  which  later 
found  expression  in  the  story  of  Isaac's  zeal  to  secure  a 
wife  of  his  own  race  for  Jacob,  and  of  Esau's  guilt  in 
marrying  daughters  of  Ishmael  (Gen.  28  :  1-9),  and  finally 
in  the  fierce  condemnation  by  Ezra  of  all  marriages  with 
foreigners  (Ezra  9:10).  The  later  phases  of  this  most 
vital  problem  of  Judaism  are  only  dimly  reflected,  since 
they  did  not  develop  until  after  the  canon  of  the  law  was 

143 


Private  Laws  The  Messages  of 

nearly  complete.    The  trend  of  thought,  however,  is  un- 
mistakable. 

The  laws  in  regard  to  marriage  evidently  distinguished 
sharply  between  a  foreigner  and  a  resident  alien  who  had 
identified  himself  with  the  Israelitish  community.  To  the 
resident  alien  the  exclusive  laws  did  not  apply,  for  Leviti- 
cus 22  :  12,  13  provides  for  a  contingency  arising  from 
the  marriage  of  the  daughter  of  a  priest  to  one  of  this 
class.  The  implication  is  that  the  practice  was  a  common 
one  and,  if  a  member  of  a  priestly  family  was  permitted 
to  contract  such  a  marriage,  certainly  there  would  be  no 
objection  in  the  case  of  laymen. 

Primitive  Codes. 

Not  to  in-  (Js)  Enter  into  no  alliances  with  the  former  inhabitants  of 

wiS^hT       Canaan  and  let  not  your  sons  marry  their  daughters  nor  give 

Canaanites    your  daughters  to  them  as  wives. 
(Ex.  34  :  12,  -^  ° 

^5«  ^6)         Deuteronomic  Codes. 

No  inter-  (Ds)  All  the  different  peoples  inhabiting  Canaan  shall  be 

whhdd^n-   completely  destroyed  by  the  Hebrews,  who  shall  make  no  alli- 
habitants  of  ances  and  enter  into  no  marriages  with  them,  for  Jehovah  has 
(Dt  7  :  1-6)  chosen  the  Israelites  to  be  a  separate  people,  uncontaminated 
by  close  contact  and  intermixture  with  the  nations  who  wor- 
ship other  gods  and  observe  vile  religious  rites.* 

>  The  law  of  Dt.  23  : 3-6,  excluding  Ammonites  and  Moabites  to  the  tenth 
generation  from  the  assembly  of  Jehovah,  would  naturally  discourage,  if 
not  absolutely  discountenance  (as  Ezra  interpreted  it),  all  intermarriage  with 
these  peoples, 

144 


Israel's  Lawgivers  Private  Laws 

Priestly  Codes. 

(P)  A  precedent  regarding  foreign  marriages  has  been  a  prece- 
preserved  to  the  effect  that  when  the  Israelites  were  en-  th" plnahy 
camped  on- the  borders  of  Moab  a  Hebrew  led  to  his  tent  ^'Jj^^''"^^*^ 
in  the  presence  of  the  assembled  people  the  daughter  of  a  heathen 
Midianite  prince.     Phinehas,  the  grandson  of  Aaron  the  (Num.  25: 
priest,  indignant  at  the  act,  rose  and  with  a  spear  impaled  '^^' 
both  of  the  culprits,  with  the  result  that  the  pestilence 
which  was  then  attacking  the  Israelites  because  of  Jeho- 
vah's displeasure  ceased  to  afflict  them.     As  a  reward  for 
his  act  Phinehas  received  through  Moses,  Jehovah's  bless- 
ing and  the  promise  that  his  family  should  forever  con- 
tinue to  hold  the  priestly  office. 

3.  Marriage  with  a  Captive  in  War  (Dt.  21 :  10-14) 

Deuteronomic  Codes. 

If  a  Hebrew  is  attracted  by  the  beauty  of  a  female  Forms  to  be 
captive,  whom  he  has  taken  in  war,  and  desires  to  make^a^inga 
her  his  wife,  he  shall  bring  her  to  his  home  and  shave  her  ^^"^^y^ 

°  captive 

head  and  cut  her  nails  and  exchange  the  garments  of  a  (Dt.  21 :  10- 
captive  for  those  of  a  Hebrew  wife.  Then  he  shall  allow  ^* 
her  to  mourn  a  full  month  for  her  parents,  after  which  he 
shall  claim  the  full  rights  of  a  husband  and  they  two  shall 
live  together  in  the  conjugal  relation.  If  he  in  time  di- 
vorces her,  he  may  not  sell  her  again  as  a  slave  for  he  has 
made  her  his  wife. 

145 


Private  Laws  The  Messages  of 

4.  special  Enactments    regarding   the    Marriage   of 

Priests  (Lev.  21  :  7,  13-15) 

Priestly  Codes. 
To  marry         (Ph)  A  pricst,  becausc  of  the  sacred  nature  of  his  voca- 
ft"sS  vfrgins  tion,  shall  not  marry  a  public  prostitute  nor  a  woman  who 
i3-*is)  ^^ '  ^'  ^^^  ^°^^  ^^^  virtue  nor  one  who  has  been  divorced  nor  a 

widow,  but  an  Israelitish  virgin,  that  the  priestly  class  may 

stand  as  a  symbol  of  the  purity  and  holiness  of  the  God 

which  it  represents. 

5.  Marriage  after  Seduction  (Ex.  22  :  16;  Dt.  22  :  28,29) 

Primitive  Codes. 
Seduction         (E)  If  a  man  seduces  a    irgin,  not  betrothed  to  another, 
Squivaifm    he  shall  pay  the  usual  marriage  dowry  and  make  her  his 

to  marriage    ^Jf^ 
(Ex.  22  :  16)  W"^* 

Deuteronomic  Codes. 
A  wife  thus      The  marriage  dowry  to  be  paid  to  the  father  by  a  man 
never^o  be   ^ho  scduces  his  virgin  daughter  shall  be  fifty  shekels  of 
f^TV^'  28  s'^^^^-    ^  marriage  thus  consummated  may  never  be  an- 
89)  nulled  by  the  husband. 

6,  Levirate  Marriage  (Dt.  25  :  5-10) 

In  the  law  in  regard  to  Levirate  marriage  the  Deuter- 
onomic lawgivers  have  preserved  an  old  tribal  institution, 
146 


IsraeVs  Lawgivers  Private  Laws 

in  vogue  among  peoples  as  widely  separated  as  India, 
Madagascar,  and  Brazil.  In  its  Hebrew  form  it  represents 
a  stage  of  social  development  in  which  inheritance  was 
through  the  son  alone.  It  is  in  its  origin  apparently  a  survi- 
val of  the  stage  in  which  the  social  unit  consisted  of  close- 
ly related  family  groups.  Its  aim  is  avowedly  to  preserve 
intact  these  different  groups.  The  custom  was  evidently 
much  earlier  than  the  Deuteronomic  law.  The  narrative 
of  Judah  and  Tamar  in  Genesis  38  bears  testimony  to  its 
early  existence  and  indicates  that  the  responsibility  of  per- 
petuating each  individual  family  in  primitive  times  rested 
not  merely  upon  the  brothers  but  also  upon  the  nearest 
of  kin,  provided  there  were  no  brothers  living. 

The  law  in  the  Priestly  codes  forbidding  marriage  with 
the  brother's  widow  (Lev.  18:16;  20:21)  contains  no 
reference  to  the  Deuteronomic  regulation  in  regard  to 
Levirate  marriage.  If  the  priestly  law  was  intended  to 
set  aside  the  older  custom  it  was  probably  because  a  new 
regulation  (Num.  27  : 4,  P)  provided  for  inheritance  through 
a  daughter,  so  that  the  necessity  of  raising  up  a  male  heir 
was  removed  ;  while,  if  the  deceased  left  no  heir,  the  in- 
heritance passed  inevitably  to  his  brothers  and  was  re- 
tained in  the  family,  so  that  the  aim  of  the  law  of  Levirate 
marriage  was  attained.  It  is  interesting  to  note  that 
the  Deuteronomic  law  was  not  displaced  in  popular  usage 
Matt.  22  :  24)  by  the  later  priestly  enactment.  The  Tal- 
mud rules  that,  if  a  child  is  born  to  a  deceased  brother 
147 


Private  Laws  The  Messages  of 

but  dies  a  natural  death  before  it  is  thirty  days  old,  the 
surviving  brother  is  not  freed  from  the  duty  of  marriage. 
If  the  child,  however,  dies  as  the  result  of  an  accident  he 
is  exempted. 

Deuteronomic  Codes.  • 

Each  family     If  brothers  dwell  together  on  the  same  ancestral  estate 
served  intact  ^^^  One  of  them  die  leaving  no  male  heir,  his  widow  may 
(Dt.  25 : 5, 6)  not  marry  any  one  belonging  to  another  family  or  clan  ; 
but  her  brother-in-law  shall  make  her  his  wife,  and  the 
first-born  male  offspring  of  the  marriage  shall  be  the  heir 
of  the  deceased  brother,  in  order  that  his  family  and  name 
may  be  perpetuated. 
Procedure        If  the  Surviving  brother  refuse  to  do  his  duty  to  the 
bro^her^r.^  memory  of  the  deceased,  the  widow  shall  announce  the 
h?s  dVty^°    fact  in  the  presence  of  the  elders  of  the  town  and  then,  if 
(25 : 7-10)     the  brother  publicly  declare  that  he  will  not  make  his 
sister-in-law  his  wife,  as  the  law  provides,  she  shall  before 
the  elders  take  off  his  sandal,  as  a  sign  that  he  renounces 
this  right  and  duty,  and  shall  spit  in  his  face  to  show  her 
contempt  for  his  selfish,  unfraternal  conduct.     She  shall 
then  say :  "  May  this  man,  who  refuses  to  perpetuate  the 
family  and  name  of  his  brother,  himself  die  without  an 
heir."     In  remembrance  of  his  unbrotherly  act,  the  dis- 
graceful title,  "  the  unsandaled,"  shall  ever  cling  to  his 
family, 

148 


Israels  Lawgivers  Private  Laws 

7.  Laws  of  Divorce  (Gen.   2:18,  23,24;  Ex.  21:7-9; 
Dt.  21  :  14  ;  22  :  19,  28,  29  ;  24  : 1-4) 

Centuries  before  the  earliest  codes  came  into  existence, 
custom  had  established  the  right  of  the  husband,  as  the 
owner,  to  dismiss  his  wife  whenever  he  pleased.  The 
Arab  to-day  has  only  to  lead  his  wife  to  the  door  of  his 
tent  and  tell  her  to  go  and  the  divorce  is  complete.  The 
Israelitish  lawgivers  as  usual  sought  only  to  relieve  the 
harshness  and  injustice  of  the  existing  usage.  This  was 
done  (i)  by  emphasizing  the  importance  of  the  marriage 
relation  ;  (2)  by  making  it  illegal  again  to  sell  into  bond- 
age a  female  slave  who  had  been  raised  to  the  dignity 
of  wifehood  ;  (3)  by  requiring  a  definite  and  sufficient 
charge  against  the  wife ;  (4)  by  compelling  the  husband 
to  draw  up — probably  before  some  public  official — a  for- 
mal document  embodying  the  charge  and  to  place  it  in 
her  hand  ;  (5)  by  making  it  necessary  for  him  formally  to 
send  her  forth  from  his  home  ;  and  (6)  by  rendering  it 
impossible  for  a  husband  to  take  back  a  divorced  wife 
after  she  had  again  married.  The  publicity,  the  formal- 
ity, and  the  irrevocable  consequences  were  especially  cal- 
culated to  deter  a  man  from  hasty  action.  In  the  days 
preceding  the  advent  of  Nehemiah  the  author  of  Malachi 
2  :  13-16  complains  that  divorce  was  a  flagrant  evil  in 
the  Palestinian  community  ;  but  otherwise  it  does  not  ap- 
pear to  have  been  common  in  Israelitish  history.  The 
149 


Private  Laws  The  Messages  of 

Old  Testament  laws  mark  a  practical  advance  toward  the 

high  standard  maintained  by  Jesus,  who  settled  the  rab- 
binical discussions  of  his  day  and  dissipated  the  indef- 
initeness  of  the  ancient  law  by  making  adultery  the  only 
basis  for  divorce  (Matt.  19:9).  Contemporary  Judaism, 
however,  continued  to  follow  a  temporizing  policy.  It 
enacted,  for  example,  that  a  husband  should  not  put  away 
his  wife  if  she  had  borne  him  children.  The  developing 
ethical  consciousness  of  Israel's  teachers  also  found  ex- 
pression in  such  noble  maxims  as :  "  Tears  are  shed  on 
God's  altar  for  him  who  forsakes  the  wife  of  his  youth," 
and  "  He  who  divorces  his  wife  is  hated  before  God." 

Primitive  Codes. 
The  innate       (J)  Sincc  man  and  woman  were  made  by  God  to  be 
sancmyof"^  helpmeets  for  each  other,  and  each  is  incomplete  without 
bond^fcln^^  the  Other,  it  is  the  duty  of  those  entering  into  the  conju- 
2 :  18, 23, 24)  gal  relation  to  regard  no  other  obligations — even  those  to 

parents — as  superior  to  those  which   they  owe  to  each 

other,  that  thus  their  interests  and  lives  may  be  perfectly 

blended. 
A  betrothed     (E)  A  man  who  buys  from  her  father  a  Hebrew  maiden 
skve^ay     with  the  Understanding  that  he  will  make  her  his  wife, 
afJther'as  a  "^^^  '^°^'  ^'^  ^^^^  ^^^  ^^^^  "^^^  plcasc  him,  scll  her  as  a 
wife  but  not  slave,  but  must  either  give  her  to  his  son  or  sell  her  to 

as  a  slave  ° 

(Ex.  21 : 7-9)  some  one  who  will  take  her  as  a  wife. 

ISO 


Israel's  Lawgivers  Private  Laws 

Deuteronomic  Codes. 

A  Hebrew  who  marries  a  female  captive  may  divorce  Divorce  of  x 
her  at  will,  but  in  so  doing  he  may  not  sell  her  into  slavery  tiv'J^Dti^^: 
but  must  give  her  her  freedom.  r  ^     • 

A  wife  against  whom  her  husband  has  brought  an  un-  which  di- 
founded  charge  of  infidelity  or  a  wife  secured  by  seduc-  Kted^  ^^^ 
tion  may  never  be  divorced  by  her  husband.  ^^v  •  ^^'  "^^^ 

If  a  wife  proves  unsatisfactory  because  of  some  im- Method  and 
proper  or  indecent  behavior,'  so  that  her  husband  causes  (^'J^ilJJ** 
to  be  drawn  up  a  formal  document  embodying  his  com- 
plaint against  her,  and  puts  it  in  her  hand  and  sends  her 
forth  from  his  home,  she  may  marry  another  man,  but  if 
her  second  husband  in  turn  divorce  her  or  himself  die,  her 
first  husband  shall  not  be  allowed  again  to  make  her  his 
wife,  for  in  becoming  the  wife  of  another  man  she  has  been 
defiled,  and  thus  to  treat  the  marriage  relation  lightly  is  akin 
to  adultery  and  would  incur  Jehovah's  displeasure,  not  only 
upon  the  guilty,  but  also  upon  the  entire  nation  which 
permitted  it. 

1  Literally  "  because  of  the  nakedness  of  a  thing  ;  "  the  phrase  is  unusual 
and  its  exact  meaning  has  been  much  debated.  It  certainly  protects  the 
wife  from  being  put  away  on  a  frivolous  charge. 


»S« 


Private  Laws  The  Messages  of 


IV 

RIGHTS    OF    PROPERTY 

The  Israelites  possessed  no  developed  theory  or  system 
of  laws  in  regard  to  the  possession  of  property.  No  clear 
distinction  was  maintained  by  them  between  private  and 
criminal  law.  This  was  partially  the  result  of  their  rather 
confused  conception  of  the  basis  of  the  latter  (cf.  p.  58). 
The  incompleteness  of  their  system  is  doubtless  due  to 
the  fact  that  the  lawgivers  gave  comparatively  little  atten- 
tion to  private  law  in  general  and  that,  while  they  con- 
tinued in  the  land  of  Palestine,  economic  and  social  con- 
ditions among  the  Israelites  were  exceedingly  simple. 
There  was  little  trade  and  less  interchange  of  personal 
and  real  property.  None  of  the  complicated  laws  con- 
cerning the  transfer  and  possession  of  property  which 
figure  so  prominently  in  other  ancient  codes  are  found  in 
the  Old  Testament.  Contracts  in  the  early  times  were 
oral  and  sealed  by  the  payment  of  the  stipulated  sum  in 
the  presence  of  witnesses  (Gen.  23  :  7-20).  The  seller 
sometimes  gave  his  sandal  to  the  buyer  as  a  symbol  of  the 
transfer  of  the  proprietary  right  (Ruth  4  : 7).  Not  until 
the  days  of  Jeremiah  is  any  reference  found  to  a  written 
contract  recording  a  sale,  as  was  the  rule  rather  than  the 
exception  among  the  Babylonians  and  the  Ass)Tians, 
whose  influence  is  easily  recognizable  at  this  period  in 
152 


IsraeVs  Lawgivers  Private  Laws 

Hebrew  life.  The  deed  for  the  purchase  of  land  by  Jere- 
miah was  made  in  the  presence  of  witnesses,  after  the 
payment  of  the  money,  and  was  signed  by  the  purchaser. 
Two  copies — one  sealed  and  the  other  open — were  pre- 
pared and  given  to  a  third  party  to  retain  (Jer.  32  :  7-15). 

The  land  thus  transferred  was  one  of  the  fields  held  by 
the  prophet's  family  and  purchased  from  his  cousin  by 
him  because  the  right  of  redemption  was  his.  Naboth's 
refusal  to  part  with  his  ancestral  lands  to  King  Ahab  is 
one  of  the  many  illustrations  of  the  tenacity  with  which 
lands  were  retained  in  the  same  family.  This  right  was 
carefully  guarded  by  early  custom  and  later  law.  A  dis- 
tinction was  maintained  between  lands  and  houses  in  an 
unwalled  town  on  the  one  hand  and  buildings  located  in 
a  walled  city  on  the  other.  In  the  case  of  the  latter,  the 
right  of  redemption  was  limited  to  a  year,  after  which  time 
the  purchaser  held  a  permanent  title. 

Theft  and  injury  to  the  property  of  another  were  re- 
garded both  as  personal  and  criminal  offences.  Restitu- 
tion to  the  injured  party  was  the  chief  element  in  the 
punishment.  Theft  was  punished  with  the  marked  le- 
niency characteristic  of  nomadic  people.  In  this  respect 
Hebrew  law  was  in  striking  contrast  to  old  English  law. 
The  Primitive  codes  reflect  the  early  nomadic  period  in 
that  they  enact  that  five  oxen  shall  be  given  back  for  one 
stolen  and  four  sheep  for  one  stolen  sheep ;  while  only 
double  was  to  be  returned  for  money  and  garments  stolen. 

153 


Private  Laws  The  Messages  of 

The  late  Priestly  codes  were  still  more  lenient,  requiring 
that  only  a  fifth  in  addition  to  the  amount  stolen  be  given 
back. 

7.  Theory  of  Ownership  of  Land  (Lev.  2$ :  23) 

Certain  laws,  like  those  regarding  the  sabbatical  year 
and  those  which  give  to  every  man  the  right  of  plucking 
from  a  field  or  vineyard  all  the  fruit  he  can  eat  on  the 
spot  or  carry  in  his  hands,  point  to  the  theory  of  the 
original  communal  ownership  of  land.  The  following 
law  reflects  the  religious  theorizing  of  a  much  later  period 
and  is  parallel  to  the  statement  in  the  same  context  (Lev. 
25 :  55),  that  all  Israelites  are  Jehovah's  slaves,  purchased 
by  him  from  the  bondage  of  Egypt. 

Priestly  Codes. 
Land  held        (Ps)  No  land  shall  be  sold  in  perpetuity,  for  it  all  belongs 
Jehovah°'    to  Jehovah,  who  allows  the  Israelites  to  occupy  it  even  as  they 
(Lev.  25 :  23)  in  turn  tolerate  and  concede  certain  rights  to  aliens  resident 

among  them. 

2.  Conveyance  of  Real  Property  (Lev.  25 :  14-16,  34) 
Priestly  Codes. 
Land  not  to      (P^)  Every  sale  of  landed  property  shall  be  made  with 
nen^tfy'^id    the  Understanding  that  it  is  to  revert  to  the  family  of  the 
(Uv.  35:14- Q^jgij^^l  owner  on  the  year  of  jubilee.     The  price  paid 
shall  therefore  be  computed  on  the  basis  of  the  number 
154 


IsraeVs  Lawgivers  Private  Laws 

of  crops  which  will  be  reaped  by  the  purchaser  before 
the  reversion  on  the  year  of  jubilee.  If  the  years  are 
many  or  few  the  price  will  be  correspondingly  large  or 
small. 

(Ps)  Common  pasture  lands  lying  about  the  towns  set  aside  No  sale  of 
for  the  Levites  may  never  be  sold,  but  must  be  retained  by  pasture 
them  permanently.  ^^^^^  (Lev. 

3.   Redemption   of  Hereditary  Lands  (Lev.  25 :  24-27, 
29-32) 

(Ph)  All  hereditary  landed  property  may  be  bought  back  Right  of 
by  members  of  the  family  to  which  it  originally  belonged.  rede™m°iMid 
If  a  man  becomes  so  impoverished  that  he  is  compelled  ^^'  ^^ '  '** 
to  sell  some  of  his  land,  it  is  the  right  of  his  nearest  kins- 
man to  purchase  it. 

(Ps)  If  the  man  is  obliged  to  sell  and  no  kinsman  appears  to  Rieht  of 
purchase  it,  and  then  in  time  the  man  comes  into  possession  of  ^^^^  j°  ^^ 
wealth,  he  may  himself  buy  it  back  by  paying  the  purchaser  (Lev.  25 :  26, 


the  equivalent  for  the  rent  during  the  years  remaining  until 

the  year  of  jubilee.     Dwelling-houses  in  walled  cities  may  be  Redemption 

bought  back  by  the  original  owner  within  a  year,  after  which  wJued  towns 

they  pass  permanently  into  the  possession  of  the  purchaser.  (Lev.  25 :  29- 

Houses  in  un walled  towns  are  subject  to  the  same  laws  as 

landed  property  and  may  be  bought  back  at  any  time.     Houses 

located  in  walled  towns  and  belonging  to  Levitical  families  are 

an  exception  to  the  general  rule  and  may  be  bought  back  by 

the  Levites  at  any  time. 


Private  Laws  The  Messages  of 

4.  Reversion  of  Hereditary  Lands  in  the  Year  of  Ju' 
bilee  (Lev.  25  :  13,  28.  31^,  33  ;  Num.  36 : 3,  4) 

Priestly  Codes. 
General  law      (P)  On  the  year  of  jubilee  every  Hebrew  shall  again 
^^Ti^\iS"  ^"^^^  ^"^°  possession  of  all  hereditary  lands  and  houses 
located  in  unwalled  towns  which  he  or  his  ancestors  may 
have  sold  during  the  preceding  forty-nine  years.    (P*)  Le- 
vites  shall  also  again  receive  all  houses,  whether  located  in 
walled  or  unwalled  towns,  sold  by  them  or  their  ancestors. 
Inheritances      (P^)  Inheritances  alienated  from  one  tribe  or  family  to  an- 
marrTage  ^^  Other  by  the  marriage  of  a  daughter,  who  is  an  heiress,  into 
(Num.  36:  3,  that  other  tribe  shall  not  revert  on  the  year  of  jubilee  to  her 
father's  but  shall  remain  in  the  possession  of  her  husband's 
family. 

5.  Reparation  for  Property  Stolen  (Ex.  22  :  i,  3*',  4) 

Primitive  Codes. 
Fines  for  (E)  A  man  convicted  of  stealing  and  killing  or  selling 

kindr"/       ^"  o^  ^^  S^ve  to  the  owner  in  reparation  five  oxen,  or  it 
theft  (Ex,    it  was  a  sheep,  four  sheep.     If  he  does  not  have  that  with 

22 : 1, 3'»,  4)  *  * 

which  to  pay,  he  shall  be  sold  as  a  slave  in  order  to  secure 
the  amount  of  the  fine.  If  the  object  of  theft  be  found  in 
his  possession  when  he  is  arrested,  he  shall  simply  return 
double  the  value  of  the  animal  stolen. 


156 


IsraeVs  Lawgivers  Private  Laws 

6.  Reparation  for  Damage  to  Property 

(1)  By  the  Hand  of  Another  (Ex  21  :  18,  19;  22:  22-25  »  Lev. 

24:  18,  2I») 
Primitive  Codes. 

(E)  If  in  a  quarrel  one  man  injures  another,  not  fatally  Expense  re- 
but so  that  he  is  temporarily  incapacitated  for  work,  the  hijui^^(Ex™ 
man  inflicting  the  injury  shall  make  full  reparation  to  the  ^^  •  ^^'  ^9) 
other  for  all  expense  incurred  through  loss  of  time  and 
remedial  treatment. 

If  a  man  in  a  fight  with  another  injures  a  pregnant  injury  to  a 
woman  so  that  a  premature  birth  ensues,  but  without  fatal  woman"  Ex. 
results,  the  man  shall  pay  the   fine  demanded  by  the  ^^  •  ^^'^s) 
woman's  husband  and  confirmed  by  the  judges.     If  harm 
results  from  the  violence  done,  the  culprit  shall  be  punished 
in  exact  proportion  to  the  injury  inflicted. 

Priestly  Codes. 

(P'^)  He  who  kills  an  animal  belonging  to  another  shall  For  killing 
give  a  full  equivalent  in  compensation  to  the  owner.  fL^^^ 

18,  2i«) 

(2)  By  the  Possession  of  Another  {Ex.  21 :  28-32,  35,  36 ;  22 :  5) 

Primitive  Codes. 

(E)  If  an  ox  fatally  gore  a  man  or  woman,  it  shall  be  For  injury 
stoned  to  death  and  the  owner  shall  lose  the  value  of  his  ox^Exf  2T: 
ox.     In  case  he  let  it  roam  at  large  although  he  knew^'^-a^') 
^at  it  already  had  the  habit  of  goring,  the  owner  also  shall 
157 


Private  Laws  The  Messages  of 

be  stoned  to  death.     If  for  extenuating  circumstances  the 

judges  shall  decide  that  he  may  pay  a  fine  in  lieu  of  the 

death  penalty,  he  shall  pay  it  in  full,  as  demanded,  whether 

the  victim  of  his  criminal  neglect  be  a  child  or  an  adult. 

For  the  life  of  a  slave  he  shall  pay  to  the  master  thirty 

shekels  of  silver  and  shall  lose  the  ox,  which  shall  be 

stoned. 

Injury  done      If  two  oxcn  gore  cach  other  so  that  one  dies,  tts  car- 

byTnTan-    cass  together  with  the  surviving  ox  shall  be  sold  and 

°^^?^  ^l^    the  proceeds  divided  between  the  owners  of  the  two  oxen. 

If,  however,  the  ox  which  did  the  goring  was  known  to  be 

dangerous  and  its  owner  had  not  kept  it  shut  up,  he  shall 

pay  full  value  to  its  owner  for  the  ox  which  is  killed,  and 

its  carcass  shall  belong  to  him. 

Injury  to  If  a  man  deliberately  allows  his  animals  to  feed  in  an- 

mTnWops  o^^her  man's  field  or  vineyard,  he  shall  make  full  restitution 

(Ex.  22 : 5)    in  kind  for  all  the  injury  resulting,  taking  therefor  the  best 

products  of  his  own  field  and  vineyard. 

(3)  As  a  Result  of  the  Act  of  Another  (Ex.  21 :  33,  34;  22 :  6) 

Primitive  Codes. 

Leaving  an       (E)  If  a  man  makes  an  excavation  in  the  ground  and 

l^x.lx\yi,  leaves  it  exposed  so  that  someone's  ox  or  ass  falls  in,  he 

3*^  shall  make  full  restitution  in  money  to  the  owner  of  the 

animal.    The  carcass  of  the  beast  shall  belong  to  the  man 

paying  the  fine. 

If  a  man  kindles  a  fire  which  destroys  grain  in  the 
IS8 


IsraeVs  Lawgivers  Private  Laws 

field,  he  shall  make  full  restitution  to  the  owner  for  all  Spreading 

,  .  .  fire  (Ex.  22: 

damage  resultmg.  6) 

(4)  Held  in  Trust  (Ex.  22  : 7,  8,  10-13) 
Primitive  Codes. 

(E)  If  one  man  leave  money  or  goods  in  trust  with  an-  Goods  stolen 
other  and  they  be  stolen,  the  thief,  if  detected,  shall  pay  to  JJus^E^x.  '" 
the  owner — in  accordance  with  the  law— double  the  value  **  •  7'  ^) 
of  the  stolen  property.      If,  however,  the  thief  is  not 
caught,  the  man  who  received  the  goods  in  trust  shall  be 
under  suspicion  of  having  stolen  them,  and  must  appear 
before  the  tribunal  which  represents  Jehovah  at  the  sanc- 
tuary that  his  guilt  or  innocence  may  be  determined. 

If  animals  left  in  trust  die,  or  are  injured  or  are  driven  Animals  in- 
away  and  there  are  no  witnesses  to  the  facts,  the  owner  i?oren  while 
shall  not  demand  restitution,  provided  the  man  who  held  J'g^^J^^^TcS 
them  in  trust  solemnly  swears  before  Jehovah  that  the»3) 
loss  was  not  the  result  of  a  criminal  act  or  of  neglect  on 
his  part.     If,  however,  the  animals  were  stolen,  it  is  evi- 
dence of  neglect  and  the  man  to  whom  they  were  in- 
trusted must  recompense  the  owner.     If  they  were  killed 
by  wild  animals  and  he  can  prove  the  same  by  producing 
evidence  of  the  act,  he  shall  be  exempted  from  making 
restitution. 


159 


Private  Laws  The  Messages  of 

(5)  Hired  by  Another  (Ex.  22 :  14,  15) 

Primitive  Codes. 
Injury  to  a       (E)  If  injury  befall  borrowed  animals,  when  the  owner 
hiredlnfmai  is  not  present,  the  man  who  borrowed  them  shall  be  held 
(Ex.  22:14,  responsible;   but   not  if  the  owner  was  present,  for  he 

could  have  interfered  to  prevent  the  injury  had  he  desired. 

In  view  of  the  payment  which  they  receive,  owners  shall 

assume  the  responsibility  for  injury  to  animals  let  out  by 

them  for  hire. 

(6)  General  Law  of  Restitution  (Ex.  22  :  9  ;  Lev.  6 :  2-5) 
Primitive  Codes. 
Disputed         (E)  Every  case,  in  which  two  parties  differ  regarding  re- 
dSlded  by   sponsibility  for  injury  to  animals  or  to  personal  property  or 
(E5t*^22^      regarding  something  lost,  shall  be  referred  to  Jehovah,  and 
the  tribunal  at  the  sanctuary  shall  determine  who  is  the 
guilty  party.     He  who  is  proved  to  be  in  the  wrong  shall 
pay  to  the  other  double  the  value  of  the  thing  in  dispute. 

Priestly  Codes. 

Reparation        (?*«)  If  a  man  defraud  a  fellow  Israelite  in  connection  with 
kinds  o"*"    money  left  him,  or  in  a  contract,  or  by  open  robbery,  or  by 
fraud  (Lev.   unjust  exactions,  or  by  retaining  something  belonging  to  an- 
other which  he  has  found,  or  by  deceitful  business  methods,  or 
by  false  representations,  then   on  the  day  when  his   guilt  is 
established  he  shall  restore  to  the  person  defrauded  the  full 
amount  and  one-fifth  its  value  in  addition. 
160 


Israel's  Lawgivers  Private  Laws 

(7)  Restoration  of  Lost  Property  (Ex.  23  :  4,  5  ;  Dt.  22  :  I-4) 
Primitive  Codes. 

(E)  If  a  man  sees  the  ox  or  ass  of  his  enemy  wandering  Animals  lost 
away  from  home,  he  shall  restore  him  to  his  owner.    Like-  muTt  atwiys 
wise  if  he  finds  an  ass,  belonging  to  a  man  whom  he  hates,  or  reHevJd 
crushed  down  beneath  his  load  and  in  danger  of  being  (Ex.  23: 4,5) 
killed,  he  must  not  yield  to  the  temptation  to  leave  the 
animal  to  his  fate,  but  must  deliver  him  from  his  danger- 
ous position. 

Deuterononiic  Codes. 
Lost  animals  must   never  be    neglected,  but  always  Care  and  re- 

,  ,     .  .  f  ,  1  •  ^  turn  of  lost 

restored  to  their  owners,  or  if  the  owner  is  not  near  at  property 
hand  or  unknown,  the  lost  animal  shall  be  well  cared  for,  ^^**  '^'^ '  ^'^^ 
until  the  owner  appears,  and  then  restored.  The  same 
law  applies  to  everything  found  which  belongs  to  another, 
whether  it  be  an  animal  or  a  garment  or  any  other  posses- 
sion. To  conceal  or  retain  it  is  a  crime.  Likewise  a 
beast  of  burden,  belonging  to  another,  which  has  suffered 
an  accident  shall  be  relieved  by  the  passer-by.* 

1  The  rabbinical  law  further  enacted  that  one  finding  a  lost  article  must 
advertise  it,  if  it  was  found  under  conditions  which  rendered  it  probable 
that  the  owner  could  thus  be  discovered.  Otherwise  it  became  the  property 
of  the  finder.  Lost  articles  were  reported  at  a  certain  stone  in  Jerusalem 
and  there  restored  to  the  owners,  when  they  had  established  their  right  of 
possession.    Lost  and  found  articles  were  also  proclaimed  at  festivals. 


161 


Private  Laws  The  Messages  of 


RIGHTS   OF    INHERITANCE 

Custom  had  so  firmly  established  the  rights  of  inheri- 
tance among  the  Hebrews  that  the  Primitive  codes  have 
nothing  to  say  on  the  subject.  The  few  written  laws 
preserved  were  intended  to  introduce  modifications  in 
earlier  usage.  Israelitish  law  from  earliest  to  latest  times 
recognized  as  heirs  only  blood  kinsmen  and  until  a  late 
period  only  male  relatives.  In  this  fundamental  respect 
its  similarity  to  Greek  and  Roman  law  is  striking.  Since 
wives  were  regarded  as  the  possessions  of  their  husbands, 
they  had  no  rights  of  inheritance.  After  the  death  of  their 
husband,  they  were  supported  by  their  sons,  or  if  they 
had  none  the  law  of  Levirate  marriage  provided  for  their 
union  with  a  brother  of  their  husband.  If  there  was  no 
brother-in-law,  they  were  usually  taken  as  wife  by  the 
heir,  or  if  not,  they  might  return  to  the  home  of  their 
father,  by  whom  they  were  often  again  given  in  marriage 
(Gen.  38  :  II ;  Lev.  22  :  13;  Ruth  i  :  8-10).  Instances 
are  recorded  in  which  the  rights  of  the  first-born  son  were 
set  aside  in  favor  of  an  offspring  of  a  favorite  wife- 
Solomon  is  the  most  illustrious  example  (i  K.  i  :  11-13). 
The  practice,  however,  was  contrary  to  custom  and  public 
opinion,  and  was  declared  illegal  by  a  law  which  first 
appears  in  the  Deuteronomic  codes.  To  establish  the 
162 


Israel's  Laiv givers  Private  Laws 

late  innovation  which  recognized  daughters  as  heirs  when 
there  were  no  sons,  a  traditional  precedent  was  adduced, 
associated  with  the  authoritative  name  of  Moses  (Num. 
27  :  1-8).  The  new  law,  and  the  necessary  regulation  in 
regard  to  the  marriage  of  heiresses,  were  introduced  in 
connection  with  it. 

I.  Law  of  Primogeniture  (Dt.  21:15-17;  25  : 5,  6) 
Deuteronomic  Codes. 

If  a  man  has  children  by  two  wives,  one  of  whom  he  Rights  of 
loves  and  the  other  he  dislikes,  he  shall  not  set  aside  the  ma"not  be 
rights  of  his  first-born  son,  even  if  he  is  the  offspring  of  /f)\^2j! 
the  wife  whom  he  dislikes.     To  the  first-born  shall  he  17) 
give  a  double  portion  of  all  his  possessions. 

The  first-born  son  of  a  Levirate  marriage  shall  sue-  in  the  case 
ceed  to  the  name  and   inheritance  of   his  mother's  de-  ma^rria^ge"^^^* 
ceased  husband.  (25  -  5i  6) 

2.  Legal  Heirs  (Num.  27  :  i-ii) 
Priestly  Codes. 

(Ps)  The  precedent  is  preserved  that  the  daughters  of  a  cer-  Inheritance 
tain  Manassite,  Zelophehad  by  name,  who  had  died  (not  for  any  daughters 
criminal  offence)  without  male  offspring,  demanded  that  they  (Num.  27 :  i- 
should  be  recognized  as  the  natural  heirs  of  their  deceased  fa- 
ther.    After  consulting  Jehovah,  Moses  granted  their  request 
and  laid  down  the  principle  that  if  a  man  has  no  sons,  his  daugh- 
ters shall  enjoy  the  same  rights  of  inheritance  as  male  heirs. 

163 


Private  Laws 


Law  of  in- 
heritance 
when  there 
are  no  im- 
mediate 
heirs  (Num. 
87  :  9-11) 


Property 
inherited  by 
daughters 
not  to  p<-\ss 
to  an  alien 
family 
(Num.  36 : 1- 
12) 


If  he  has  no  oflFspring,  his  property  shall  be  inherited  by  his 
brothers.  If  he  has  no  offspring  or  brothers  his  property  shall 
be  given  to  his  father's  brothers.  If  his  father  also  has  no 
brothers,  the  nearest  blood  relative  shall  receive  it. 

3.  Heiress  to  Marry  within  her  Tribe  (Num.  36  :  1-12) 
Priestly  Codes. 

(Ps)  When  there  are  no  male  heirs,  daughters  shall  inherit 
the  possessions  of  their  father,  but  they  must  marry  within 
the  family  or  tribe  of  their  father,  that  hereditary  property 
may  not  pass  by  marriage  into  the  permanent  possession 
of  another  family  or  tribe.  The  precedent  is  preserved  that 
the  daughters  of  Zelophehad,  who  inherited  the  property  of 
their  father,  in  accordance  with  this  law,  married  their  cousins 
on  their  father's  side,  thereby  insuring  the  continuance  of  their 
inheritance  in  the  possession  of  their  father's  family. 


164 


CIVIL  LAWS 


CIVIL   LAWS 


ISRAELITISH    CIVIL    LAW 

The  Semitic  disregard  for  social  organization  is  strik- 
ingly illustrated  by  the  paucity  of  the  civil  compared  with 
either  criminal  or  ceremonial  laws.  The  Primitive  and 
Priestly  codes  have  almost  nothing  to  say  about  the  organ- 
ization of  the  state — the  former  because  its  aim  is  simply  to 
guide  judges  in  rendering  decisions  in  ordinary  cases  of  lit- 
igation, the  latter,  because,  when  it  was  written,  the  monar- 
chy was  no  more  and  all  interest  was  focused  on  the  hie- 
rarchal  organization  and  ritual.  The  Deuteronomic  codes, 
which  touch  Israelitish  life  on  every  side,  deal  most  fully 
with  those  questions  of  organization  and  legal  procedure 
which  figure  so  largely  in  the  Roman  and  modern  legal  sys- 
tems. The  monarchical  and  judicial  institutions  of  the  He- 
brews had,  however,  almost  reached  their  full  development 
before  the  Deuteronomic  codes  were  formulated.  Hence 
these  were  little  more  than  supplemental.  In  their  genesis, 
therefore,  Israel's  political  and  judicial  institutions  were  the 
result  of  the  expansion  and  adaptation  of  earlier  customs 
167 


Civil  Laws  The  Messages  of 

and  usages  to  new  needs  and  conditions,  rather  than  of  the- 
oretical, formative  legislation.  Thus  the  chief  man  of  a 
clan  in  time  became  the  sheik  of  a  tribe,  and  the  sheik 
of  a  tribe  became  at  a  critical  moment  in  the  life  of  the 
race,  if  his  ability  was  equal  to  the  needs  of  the  situation, 
a  champion  or  "judge."  When  the  people  recognized 
the  necessity  for  a  permanent  head,  popular  champions, 
like  Gideon,  were  called  to  the  kingship,  and  with  the 
new  demands  incidental  to  the  appointment  of  a  king 
came  the  institutions  of  the  monarchy.  It  is  significant 
that  the  earliest  law  relating  to  the  kingship  is  found  in 
the  Deuteronomic  code,  which  antedates  the  final  over- 
throw of  the  Hebrew  state  by  less  than  half  a  century. 

The  laws  which  have  been  preserved  give  only  a  partial 
idea  of  the  Israelitish  state  in  the  different  phases  of  its 
development.  Of  the  prominent  role  of  the  tribal  elders 
in  the  earlier  days  and  even  under  the  monarchy  there  is 
only  an  occasional  hint.  Nothing  is  said  regarding  the 
military  and  feudal  nobility,  which  grew  up  about  the  king, 
or  of  the  political  importance  of  the  priestly  hierarchy,  with 
the  high  priest  at  its  head,  which  after  the  exile  absorbed 
both  religious  and  secular  authority  in  the  state.  The 
laws  in  regard  to  the  king  are  a  reflection  of  the  opposition 
of  the  prophets  to  the  abuse  of  the  kingly  authority  by  such 
rulers  as  Solomon  and  Ahab.  They  embody  the  noble, 
democratic  principles  which  were  inherent  in  the  Hebrew 
conception  of  the  position  and  functions  of  a  king,  and 
i68 


IsraeVs  Lawgivers  Civil  Laws 

provide  practically  for  a  limited,  constitutional  monarchy. 
It  is  the  duty  and  responsibility  of  the  chief  ruler  to 
his  subjects,  not  the  divine  right  and  absolute  authority 
of  the  king,  which  find  expression  in  the  law  as  well  as 
in  the  teachings  of  prophets  and  sages. 

Similarly  the  laws  relating  to  judicial  procedure  estab- 
lished no  new  offices  nor  legal  processes  but  simply  sought 
to  prevent  the  misuse  or  corruption  of  existing  institutions. 
The  regulations  concerning  popular  instruction  are  in- 
tended to  instil  the  principles  of  the  law  into  the  minds 
of  rulers  and  people  so  that  they  will  not  only  know  but 
do  the  will  of  the  divine  Judge  and  King. 


II 

POLITICAL    ORGANIZATION 

I.  Qualifications  for  the  Enjoyment  of  Full  Civil  ana 
Religious  Rights  (Dt.  23 : 1-8 ;  Ex.  12 :48,  49) 

Deuteronomic  Codes. 

The  following  classes  are  excluded  from  participation  bS^s? 
in  the  political  and  religious  life  of  the  Israelitish  people  '  :  ^'S'lUSib.' 
eunuchs,  whose  organs  of  generation  have  been  in  any  »^«ciuded 

right  of 
>  The  expression  "  to  enter  into  the  assembly  of  Jehovah "  evidently  citizenship 
refers  to  participation  especially  in  the  rites  and  services  connected  with  (Dt.  23 :  x-8) 


169 


Civil  Laws  The  Messages  of 

way  mutilated;*  those  born  out  of  wedlock  or  as  the 
result  of  an  illegitimate  union,  and  their  descendants  for 
ten  generations;  Ammonites  and  Moabites,  and  their 
descendants  for  ten  generations,  because  of  the  unbrother- 
ly  conduct  of  these  peoples  toward  the  Hebrews  when 
they  were  seeking  a  home  in  Canaan.  Edomites,  because 
of  their  close  relationship  to  the  Hebrews,  and  the  Egyp- 
tians, because  at  one  time  they  entertained  the  Hebrews 
in  their  land,"  shall  not  be  regarded  as  hostile  foreigners. 
The  descendants  of  either  of  these  peoples,  when  resident 
in  Canaan,  shall  in  the  third  generation  be  admitted  to 
the  full  rights  of  native  Hebrews. 

Priestly  Codes. 
Aiicircum-       (P)  Any  resident  alien  who  desires  to  participate  in 
dSnf  aliens    Israel's  great  passover  feast  shall  be  allowed  to  do  so  after 
fuiTri"hts^°  indicating  his  intention  of  becoming  a  citizen  of  the  Israel- 
(Ex.  12 :  48,  itish  community  by  submitting,  together  with  the  males  of 

the  Jerusalem  temple.     A  clear  reference  to  this  law  is  found  in  Lam. 

1  :io: 

The  adversary  hath  spread  out  his  hand  upon  all  her  (Jerusalem's)  pleasant 

things ; 
For  she^  hath  seen  that  the  heathen  are  entered  into  her  sanctuary, 
Concerning  whom  thou  didst  command  that  they  should  not  enter  into  thy 
assembly. 

>  The  context  indicates  the  two  common  ways  in  which  the  condition  of 
a  eunuch  was  produced  :  (i)  by  crushing  and  (2)  by  cutting  off  the  testes. 

a  The  real  reason  underlying  the  admission  of  Egyptians  to  the  rights  of 
citizenship  in  Israel  was  probably  the  close  political  relations  which  had 
existed  between  Egypt  and  Israel  since  the  days  of  Solomon. 


49) 


Israel's  Lawgivers  Civil  Laws 

his  family,  to  the  rite  of  circumcision.  Then  he  shall  en- 
joy all  the  privileges  and  be  subject  to  the  same  laws  as  a 
native  Israelite. 

2.   Taking  a  Census  (Num.  1:1-3;  3  :  14.  I5»  4o;  41 1-3. 
22,  23,  29,  30;  Ex.  30: 1 1 -16) 

Priestly  Codes. 

(P)  The  tradition  is  preserved  that,  when  the  Israelites  Census  of 
were  in  the  wilderness  of  Sinai,  the  divine  command  came  aKrfo^wL- 
to  Moses  to  take  a  census  of  the  Israelites  by  their  families  (Num.  1:1-3) 
and  households,  which  should  include  all  the  able-bodied 
males,  twenty  years  old  and  upward,  in  order  to  provide  a 
basis  of  reckoning  for  the  levy  in  case  of  war. 

The  command  was  given  to  take  a  census  on  the  same  Census  of   ' 
basis  of  every  male  child  one  month  old  and  upwards  popSatfon 
of  the  tribe  of  Levi,  (P^)  and  subsequently  of  every  Israelitish  (Num.3: 14, 
male  child  one  month  old  and  upwards. 

A  special  census  was  also  ordered  to  include  all  able-bodied  [if "f"^  ?/ 
Levites,   between  the  years  of   thirty  and  fifty,   available  for  (Num.  4 :  i- 
service  in  connection  with  the  sanctuary.  30 "'  ^^'  ** 

When  a  census  is  taken  of  the  Israelites,  every  man  twenty  The  atone- 
years  old  or  over,  whether  rich  or  poor,  shall  pay  to  Jehovah  (e^x-'s^Tii- 
half  a  shekel  of  silver  (of  the  sanctuary)  in  order  to  avert  God's  ^6) 
anger,  lest  he   send,  as  in  the  days  of  David,  a  plague  upon 
the  nation.'     The  income  from  this  source  shall  be  devoted  to 
the  maintenance  of  the  regular  service  of  the  sanctuary. 

>  Cf.  2  S.  24.     This  law  is  a  reflection  of  the  popular  belief,  not  confined 
to  the  Israelites,  that  a  numbering  of  the  people  was  displeasing  to  the  deity. 

171 


Civil  Laws  The  Messages  of 

\ 

3.  Division  of  the  Land  (Josh.  18  : 2-10 ;  19 :  47  ;  Num. 
26 152-56;  33:  54;  34:13-15) 

Primitive  Codes. 

Original  QE^)   The  tradition  is  preserved  that  the  land  of  Canaan 

by  btcfosh.  after  its  conquest  was  divided  into  portions  according  to  the 
18:2-10;  19:  number  of  the  IsraeHtish  tribes,  and  then  that  Joshua  at  Shiloh 
before  the  ark  of  Jehovah  decided  by  lot  the  portions  to  be 
assigned  to  each  tribe.  The  tribes  of  Reuben,  Gad  and  the 
half  tribe  of  Manasseh  (because  they  had  already  been  allotted 
the  territory  east  of  the  Jordan)  and  the  priestly  tribe  of  Levi 
were  not  included  in  the  general  division  of  the  west-Jordan 
land.  The  tribe  of  Dan  subsequently  captured  for  themselves 
by  the  sword  a  city  and  the  surrounding  territory  lying  directly 
south  of  Mount  Hermon. 

Priestly  Codes. 

All  land  (Ps)   The   principle   of  division   was   that   the   larger  and 

assfgned^      smaller  tribes  should  be  arranged  in  groups  containing  those 

impartially    approximately  of  the  same  size ;  and  that  the  amount  of  land 

(Num.  26 :        '^^  ■' 

52-56;  33  :     set  aside  for  the  tribes  in  each  group  should  be  proportionate 

is)  ^* '  ^^     ^°  their  size.     Then  to  insure  absolute  justice,  the  given  plot 

of  land  to  be  assigned  to  each  individual  tribe  within  a  group 

was  determined  by  lot. 


172 


Israel's  Lawgivers  Civil  Laws 

4.  Rulers  in  General  (Ex.  22  :  28) 

Primitive  Codes. 

(E)  Let  no  Israelite  so  far  forget  his  duty  toward  those  Respect  to- 
given  authority  over  him  as  to  call  down  imprecations  (Ex,  a^:*^) 
upon  them ;  for  disrespect  toward  a  ruler  is  akin  to  blas- 
phemy against  the  divine  King. 

5.   The  Kingship  (Dt.  17  :  14-20) 

Deuteronomic  Codes. 

When  the  Israelites,  following  the  example  of  the  neigh-  Quaiifica- 
boring  nations,  wish  to  elect  a  king  over  them  they  must  brew*  cS-  ** 
select  for  that  office  the  one  whom  Jehovah  through  his  ^^fX^f"^^^ 
prophets  shall  indicate.     No  foreigner,  but  only  a  native  ^s) 
Israelite,  is  eligible  for  the  kingship. 

In  his  public  policy  he  shall  avoid  those  temptations  to  Responsibil. 
which  oriental  kings  are  especially  subject.*     He  shall  not  JJJSfcy" 
send  his  officers  to  Egypt  to  secure  horses  that  he  may  '^^  *  ^^'  *^^ 
increase  his  cavalry   in  order  to  add  to  his  own  glory 
and  despotic  power.     Nor  shall  he  build  up  a  great  harem, 
even  though  alliances  sealed  by  marriage  would  increase 
his  power,  nor  shall  he  amass  great  wealth,  for  these  will 
introduce  a  sensual  and  irreligious  element  into  his  life 

*  The  evils  prohibited  were  those  which  characterized  the  reign  of  Solo- 
mon. That  the  legislator  had  the  mistakes  of  that  king  especially  in  mind 
seems  evident. 


Civil  Laws  The  Messages  of 

and  that  of  the  court,  thereby  lowering  his  ideals  and  im- 
pairing his  efficiency  as  a  ruler. 
Obligation        During  all  his  reign,  he  shall  always  have  before  him 
S  th?tri?-   and  constantly  refer  to  the  Deuteronomic  law  book.     This 
m  ^^^ '  i8   ^^^^^  ^^  ^'^  guide  in  all  the  details  of  administration.     His 
20) '     '       chief  aim  shall  be  to  honor  Jehovah  and  to  carry  out  his  di- 
vine will  as  set  forth  in  his  law.     He  shall  also  be  governed 
by  the  spirit  and  injunctions  of  this  code,  that  he  may  en- 
joy the  favor  and  prosperity  which  Jehovah  will  grant  to 
him  and  his  people  if  he  faithfully  and  in  true  humility 
as  the  servant  of  his  people,  not  as  the  despot,  performs 
the  high  duties  intrusted  to  him. 


Ill 

JUDICIAL   ORGANIZATION    AND    PROCEDURE 

A  crying  evil  of  Israelitish  social  life  was  the  lack  of  a 
systematic  judicial  organization.  In  this  respect  the  He- 
brews were  far  behind  the  Babylonians,  whose 'judicial  sys- 
tem seems  to  have  been  highly  developed.  The  Baby- 
lonian judges  were  appointed  by  the  king  and  were 
responsible  to  him  for  the  just  discharge  of  their  duties. 
To  every  decision  they  had  to  sign  their  names,  and  rec- 
ords were  kept  of  each  important  ruling  and  constituted 
a  precedent  for  subsequent  cases,  so  that  they  in  time 
174 


Israel's  Lawgivers  Civil  Laws 

had  a  large  body  of  precedents,  as  well  as  written  laws, 
to  guide  them.  Each  case  was  tried  before  a  body  of 
judges,  four  or  more  according  to  the  nature  of  the  ques- 
tions involved.  Priests  and  lay  officials  appear  in  the  lists 
of  judges.  The  litigants  presented  their  own  cases  after 
they  had  been  drawn  up  in  legal  form  by  the  clerks  of 
the  court.  Witnesses  were  summoned,  duly  sworn  and 
carefully  cross-examined ;  and  the  greatest  care  was  exer- 
cised in  ascertaining  the  facts.  In  detailed  development 
and  in  the  high  standards  of  justice  maintained,  the  Baby- 
lonian legal  system  compared  very  favorably  with  that  of 
Greece  or  Rome.' 

The  Israelitish  judicial  organization  lacked  unity  and 
system,  first  because  the  Hebrews  were  not  distinctively 
a  literary  people.  Agriculture  and  the  care  of  herds  and 
flocks  did  not  demand  or  encourage  writing  as  did  com- 
merce. Also  the  clay,  which  made  writing  easy  in  Baby- 
lonia, was  not  found  in  Palestine.  In  the  second  place 
the  judicial  system  of  the  Israelites  was  a  composite,  re- 
flecting the  different  stages  in  their  national  development. 
In  the  latter  days  of  the  kingdom  a  man  apparently  might 
appeal  to  the  elders  of  his  family  or  tribe,  or  to  the  lo- 
cal judges  at  the  city  gate  or  to  the  priests  at  the  sanct- 
uary, or  to  the  king  or  to  the  supreme  court  at  the  cap- 
ital. Furthermore  in  democratic  Israel  the  authority  of 
the  king  was  never  strong  enough,  as  in  Babylonia  and 

*  Cf .  Meissner,  Beitrage  zum  A  Itbabylonischen  Privatrecht. 


Civil  Laws  The  Messages  of 

Persia,  to  impart  unity  to  the  entire  judicial  administra- 
tion. 

In  the  earlier  nomadic  days  cases  were  laid  before 
the  head  of  the  tribe,  who  acted  as  arbiter  between 
the  contesting  parties.  He  apparently  possessed,  like 
the  sheik  of  an  Arab  tribe  to-day,  no  power  to  execute 
his  decision.  It  was,  however,  usually  carried  out  be- 
cause the  litigants  had  agreed  to  abide  by  his  judgment, 
and  public  opinion  powerfully  supported  it.  The  tribal 
elders  continued  to  decide  questions  between  members  of 
the  clan,  but  when  the  Israelites  settled  in  Canaan  and 
developed  a  village  organization,  local  judges,  chosen 
probably  from  the  heads  of  families,  discharged  the  chief 
judicial  duties  of  the  community.  Throughout  all  their 
history  the  priests,  as  custodians  of  the  oracle  of  Jehovah 
and  of  the  traditional  usages  of  the  race,  exercised  the 
functions  of  judges  in  private  and  civil  cases,  as  well  as 
in  questions  of  ceremonial. 

The  early  codes  recognize  the  need  of  a  central  court 
of  appeal  with  supreme  power  to  give  unity  to  the  legis- 
lation and  to  the  administration  of  justice.  Tradition 
records  that  Moses  appointed  such  a  body  (Ex.  i8). 
During  the  period  of  the  judges  it  disappeared,  since 
there  was  no  union  of  all  the  tribes.  When  they  finally 
did  unite  under  a  king,  he  and  his  officers  who  repre- 
sented him  were  regarded  as  the  final  court  of  appeal 
(2  S.  12  :  1-6;  15  :  2 ;  I  K.  3  :  16-28).  The  Deutero- 
176 


IsraeVs  Lawgivers  Civil  Laws 

nomic  codes  refer  to  a  later  central  court  of  final  appeal 
which  was  very  similar  to  the  royal  tribunal  in  Babylonia 
and  Assyria.  It  is  perhaps  significant  that  this  court  first 
appears  in  Judah  immediately  after  the  reign  of  Manas- 
seh,  when  Assyrian  influence  had  been  most  potent. 
Nothing  is  stated  regarding  its  exact  composition  and  the 
appointment  of  its  members.  From  the  references  in  Deu- 
teronomy 17  :  8-13  it  is  evident  that  it  included  Levitical 
priests  and  probably  lay  judges,  for  the  "  judge  that  shall 
be  in  those  days  "  (v.  9)  is  referred  to  as  distinct  from  the 
priestly  members  of  the  court.  He  apparently  acted  as 
president  or  chief  of  the  body  of  judges  and  in  all  prob- 
ability was  appointed  by  the  king.  The  decisions  of  this 
court  were  final.  Nothing  is  said  concerning  a  further 
appeal  to  the  king,  whose  authority  it  seems  to  have  rep- 
resented. It  is  not  impossible  that  this  tribunal  is  the  an- 
tecedent of  the  Jewish  Sanhedrin  at  Jerusalem,  which, 
when  the  monarchy  was  no  more,  assumed  political  and 
religious  as  well  as  judicial  authority. 

The  chronicler  in  2  Chronicles  19  :  8-1 1,  probably  re- 
flecting institutions  familiar  to  him  in  the  Greek  period 
when  he  lived,  represents  Jehoshaphat  as  establishing  a 
supreme  court,  consisting  of  Levites,  priests  and  the  heads 
of  the  fathers'  houses.  In  considering  all  religious  m.at- 
ters  the  chief  priest  was  to  preside,  and  in  the  case  of  po- 
litical and  secular  questions,  "  the  ruler  of  the  house  of 
Judah. "    To  this  court  all  difficult  cases  coming  before 

177 


Civil  Laws  The  Messages  of 

the  local  judges  were  to  be  referred.  The  post-Deu- 
teronomic  distinction  between  priests  and  Levites*  and 
the  prominence  given  to  the  latter  are  clearly  due  to 
the  chronicler.  His  use  (in  v.  lo)  of  the  language  of  the 
Deuteronomic  code  in  describing  the  object  of  the  supreme 
court  of  appeal  suggests  that  he  was  familiar  with  the 
earlier  law  and  that  his  description  may  have  been  largely 
based  upon  it.  He  at  least  gives  some  further  hints  in 
regard  to  the  character  of  the  chief  tribunal  and  affords 
a  basis  for  the  conclusion  that  in  modified  form  it  contin- 
ued to  exist  until  it  reappeared  in  the  Sanhedrin  of  later 
times. 

In  the  days  of  the  monarchy  an  ordinary  case  of  dis- 
pute would  doubtless  be  settled,  when  possible,  by  the 
elders  of  the  families  or  clans  to  which  the  litigants  be- 
longed. When  this  was  not  possible,  it  would  be  laid  be- 
fore the  local  judges,  who  could  be  found  at  the  gate  of 
the  town.  If  they  could  not  decide  it,  they  or  the  con- 
testing parties  would  carry  it  to  the  king,  or  in  later  times 
to  the  central  tribunal,  which  probably  sat  in  the  temple. 
From  the  decisions  of  this  last  court  there  was  no  appeal. 

The  priests  were  simply  arbiters,  interpreting  the  will  of 
Jehovah,  but  the  local  judges,  especially  in  minor  penal 
cases,  not  only  pronounced  judgment  but  also  attended  to 
the  execution  of  their  sentence.  Thus  their  power  was 
jjreat  and  the  danger  of  their  abusing  it  still  greater,  for 

*  Cf.  Ceremonial  Laws. 

178 


IsraeVs  Lmvgivers  Civil  Laws 

there  was  no  effective  check  upon  their  authority.  Selected 
from  the  ranks  of  the  community,  they  were  not  raised 
above  its  petty  interests  or  delivered  from  personal  con- 
siderations. The  custom  of  giving  presents  in  order  to 
secure  the  support  of  a  man  of  influence  was  almost  uni- 
versal in  the  ancient  as  well  as  the  modern  East,  so  that 
public  opinion  did  not  strongly  condemn  this  act  even 
when  the  recipient  was  a  judge  about  to  pronounce  sen- 
tence. That  favoritism  and  bribery  vitiated  almost  the 
entire  Israelitish  judicial  system  is  demonstrated  by  the 
prominent  attention  given  to  them  in  the  utterances  of 
prophets,  sages,  lawgivers,  and  psalmists.  Samuel  is  pict- 
ured as  the  conspicuous  exception  and  his  sons  as  the 
rule  (i  S.  8  :  I,  3  ;  12  :  3-5).  To  the  correction  of  these 
evils  and  to  the  kindred  one  of  perverting  witnesses  by 
the  same  means,  the  lawgivers  devoted  themselves.  Un- 
fortunately they  made  no  provision  for  the  punishment  of 
these  crimes  in  judges,  although  they  did  recommend  the 
most  severe  measures  when  witnessses  were  proved  guilty 
of  perjury. 

The  later  Talmudic  law  transferred  all  cases  from  the 
local  judges  to  the  rabbinical  courts,  where  professional 
teachers  or  lawyers  discussed  all  questions  referred  to 
them.  They  had  power  to  pronounce  final  decisions  on 
all  kinds  of  cases,  and  their  rulings  were  usually  followed. 
While  they  were  often  guided  by  mere  sophistries,  their 
purpose  was  in  general  to  dispense  justice.  Their  admin- 
179 


Civil  Laws  The  Messages  of 

istration,  therefore,  undoubtedly  marked  an  advance  over 
that  of  the  local  judges  of  the  earlier  days. 

I.  Appointment  of  Judges  (Ex.  i8  :  12-26;  24  :  13,  14; 

Dt.  16  :  18) 
Primitive  Codes. 

Moses*  ex-        (E)  The  tradition  is  preserved  that  when  Jethro,  Moses* 
JSEdng  *^  father-in-law,  found  the  great  leader  overwhelmed  by  the 
^izKlS\"  niultitude  of  cases  large  and  small,  which  were  daily  laid 
before  him  by  the  people,  he  advised  his  son-in-law  to  spare 
himself  by  instructing  certain  men  in  the  elemental  prin- 
ciples of  justice  so  that  they  might  decide  ordinary  cases. 
In  accordance  with  Jethro 's  counsel,  Moses  selected  men 
of  ability,  genuinely  religious,  upright  and  honorable  and 
appointed  them  judges.     To  them  the  .  people  were  to 
bring  all  minor  cases  which  could  easily  be  decided  after 
.   the  analogy  of  earlier  decisions.     Only  the  more  compli- 
cated questions,  regarding  which  they  were  in  doubt,  were 
reserved  and  laid  before  Moses  himself.' 
Appoint-  It  is  also  recorded  that,  when  other  duties  called  him 

temporary    clsewherc,  Moses  appointed  Aaron  his  brother  and  Hur, 
judges  (fix.  Qj-jg  q£  j^jg  prominent  leaders,  chief  judges ;  and  command- 
ed the  people  in  his  absence  to  lay  their  cases  before  these 
two. 

*  Dt.  I  :  9-15  apparently  contains  a  reference  to  the  same  tradition,  only 
here  those  chosen  were  the  tribal  chieftains  and  their  duties  as  recapitulated 
were  executive  and  military  rather  than  judicial. 
180 


IsraeVs  Lawgivers  Civil  Laws 

Deuteronomic  Codes. 

Judges  and  subordinate  officials,  whose  duty  shall  be  Local  judge* 
to  attend  to  the  details  of  trials  and  the  execution  of  sen-  natVofficiaii 
tences,  shall  be  appointed  to  administer  justice  beside  the  ^*'  ^^^  •  *^) 
city  gates  of  every  Israelitish  town.' 

2.  Duties  of  Judges  (Ex.  23  :  6-8;   Dt.  16  :  18^-20; 

I  :  16,  17;   27  125;  21  :  1-9;   25  :  1,2;   Lev.  19:  15, 

35^) 
Primitive  Codes. 

(E)  Judges  in  rendering  decisions  shall  never  be  influ- Justice  to  all 
enced  by  the  relative  wealth  or  influence  of  the  litigants.  (Ex!"3  :  6,* 
Let  them  be  a  party  to  no  injustice,  lest  they  fatally  wrong  7) 
an  innocent,  righteous  man  and  thereby  incur  the  wrath 
of  the  divine  Judge. 

As  judges  let  them  accept  no  present  under  any  pretext,  To  take  no 
for  it  creates  an  obligation  and  prejudices  the  receiver  in  2^:  8)      * 
favor  of  the  giver  and  thus  perverts  his  judgment  and 
leads  even  a  man  with  an  upright  purpose  to  render  an 
unjust  decision. 

Deuteronomic  Codes. 

Let  Israel's  judges  be  influenced  by  no  self-interests  To  be  gov- 
but  only  guided  by  their  sense  of  right ;  for  only  in  this  by"the*se*ii5e 

of  justice 
>  Regarding  the  manner  and  by  whom  the  local  judges  were  to  be  ap-  (Dt.  i6  :  iS**- 
pointed  nothing  is  said.     Probably  as  in  the  earlier  days  each  community  ^o) 
called  to  this  office  the  most  prominent  individuals  in  its  midst. 
181 


Civil  Laws  The  Messages  of 

way  can  they  secure  Jehovah's  favor  and  enjoy  the  pros- 
perity which  he  will  give.  Let  them  receive  no  gifts,  for 
these  make  wise  men  knaves  and  the  upright  crooked. 

The  Stan-  (D^)  The  tradition  is  preserved  that  Moses  himself  charged 

partiaf  juT*    Israel's  judges  to  give  a  careful  hearing  to  all  cases  presented 

tice  (i  ;  i6,    before  them  and  to  render  impartial  decisions  to  Hebrew  and 

^^^  resident  aliens  alike.     Never  should  they  be  influenced  by  the 

position  or  influence  of  either  of  the  contesting  parties.     Not 

man's  but  God's  disapproval  should  they  fear,  for  as  judges 

they  stand  as  his  representatives  before  the  people. 

A  curse  up-       In  the  public  ritual  of  imprecation  the  priests  shall  solemnly 

rupt^judge     declare:    "A  curse  upon  every  judge  who  for  the  sake  of  a 

(27  :  25)        bribe  condemns  an  innocent  person ;  "  and  all  the  assembled 

people  shall  respond  in  chorus :    "So  may  it  be." 

In  case  of         In  case  a  murder  is  committed  by  some  unknown  hand, 

Shed^ct'of  it  shall  be  the  duty  of  the  elders  and  judges  to  determine 

T^x^V-  )      ^y  measurement  the  town  which  is  nearest  to  the  body  of 

the  murdered  man  and  to  see  that  the  elders  of  that  town 

perform  the  appointed  rites  of  ceremonial  purification. 

To  witness        In  case  two  men  quarrel  and  the  guilty  party  is  con- 

tio^ioTc^r-    demned  to  be  beaten,  to  insure  its  impartial  execution 

J.gs"^25f j"^)  the  judge  who  rendered   the   decision  shall  direct  and 

witness  the  carrying  out  of  the  sentence. 

Priestly  Codes. 

Absolute  (Ph)  Justly  and  impartially  shall  every  Israelitish  judge 

(Lev!!9: 15' discharge  the  solemn  duties  toward  his  fellows  which  his 
35*^  high  office  entails, 

182 


Israels  Lawgivers  Civil  Laws 

3.   The  Supreme    Court    of  Appeal  (Dt    17:8-11; 

19  :  16-21 ;  Num.  35  :  22-25)   , 
Deuteronomic  Codes. 

All  cases,  both  criminal  and  civil,  too  complex  or  diffi-  Difficult 
cult  for  the  local  judges,  to  whom  they  are  first  referred,  t?be  S**' 
to  decide,  shall  be  laid  by  them  before  the  supreme  tribu-  cenu-li^^  * 
nal,  to  be  established  at  the  central  sanctuary  and  to  con-  tribunal 
sist  of  Levitical  priests  with  a  lay'  judge  at  their  head,  h)* 
The  decision  of  this  supreme  court  of  reference  shall  be 
final.   The  duty  of  the  local  authorities  shall  be  to  execute 
it,  not  modifying  it  in  any  respect.     These  decisions  of 
the  central   tribunal  shall   also  establish  binding  prece- 
dents for  the  guidance  of  local  judges. 

When  it  is  suspected  that  a  witness  is  offering  false  tes-  Especially 
timony,  both  he  and  the  accused  shall  be  led  before  the  peaed^ '"*" 
supreme   tribunal,  consisting  of   priests  and  lay  judges,  p*'!."'^ 
whose  duty  it  shall  be  to  institute  a  careful  investigation 
and  to  punish  the  false  witness,  if  his  guilt  is  proved,  in 
proportion  to  the  evil  which  he  sought  to  do  to  the  ac- 
cused by  his  misleading  evidence. 

Priestly  Codes. 

(Ps)   If  a  man   accidentally,  without   malice   aforethought.  In  later 
kills  another,  he  shall  be  declared  innocent  by  the  popular  as-  assembly  of 
cmbly  and  delivered  from  those  who  seek  to  avenge  the  death  the  people 

of  the  one  accidentally  slain.  difficult 

cases  (Nunk 
»  The  implication  of  the  context  is  that  the  presidbg  officer  was  not  him-  35  :  23-25) 
self  a  priest. 

183 


Civil  Laws  The  Messages  of 

4.  Number  of  Witnesses  Required  to  Convict  (Dt.  19: 
•      15;  17:6;  Num.35  ^30) 

Deuteronomic  Codes. 
At  least  two      The  testimony  of  one  witness  shall  not  be  sufficient  to 
necesSr^     coHvict  any  man  of  a  crime.     Two  witnesses  at  least  are 
(Dt.  19  :  is)  required  to  establish  a  charge  of  misdemeanor. 

Deuteronomic  and  Priestly  Codes. 
Especially        No  man  shall  be  put  to  death  for  a  crime  on  the  testi- 
offences(Dt.  mony  of  Icss  than  two  witnesses. 

17:6;  Num. 

^^*  5.  Duties  of  Witnesses  (Ex.  23  :  i,  2  ;  20 :  16 ;  Dt.  5  :  20  ; 

17  :7*;  Lev.  19:  16;  5:1) 

Primitive  and  Priestly  Codes. 
To  tell  the        (E)  Let  uo  man  give  currency  to  a  false  charge,  or  con- 
no"thing"but  Spire  with  unscrupulous  men  to  wrong  the  innocent  by 
(eV^^'^i     supporting  misleading  accusations  against  them,  or  be 
2 ;  cf.  Lev.    influenced  by  a  majority  to  pervert  the  truth  and  thus  do 

mjustice  to  one  who  is  accused. 

Primitive  and  Deuteronomic  Codes. 
Truthful-         Let  no  man  offer  misleading  testimony  against  another. 

nesss  (Ex. 

20:^16;  Dt.    Deuteronomic  Codes. 

Execution  of  In  the  case  of  capital  crimes  the  witnesses  whose  testi- 
demn°ed  (Dt.  mony  led  to  the  conviction  of  the  condemned  shall  take 
*7 '-  ?•)         the  initiative  in  putting  him  to  death. 

184 


Israel* s  Lawgivers  Civil  Laws 

Priestly  Codes. 

(P*)  Any  witness  who  fails,  when  under  oath,  to  tell  all  that  To  conceal 
he  has  seen  or  knows  regarding  the  accused,  is  guilty  in  the  "l^v."! :  x) 
sight  of  God. 

6.  Punishment  of  False  Witnesses  {Di,  ig\\6-2i) 
Deuteronomic  Codes. 

Witnesses,  convicted  before  the  supreme  central  court  a  perjurer 
of  rendering  misleading  testimony  against  a  defendant,  ished  ??"the 
shall  suffer  precisely  the  same  penalty  as  would  have  been  J"  flJij'lJiy*^^ 
inflicted  upon  the  accused,  if  their  evidence  had  been  ac-  imputed  to 

another  (Dt. 

cepted  as  true,  in  order  that  all  others  may  thereby  be  19 :  i6.ai) 
warned  and  deterred  from  committing  the  insidious  and 
all  too  common  crime  of  presenting  false  testimony. 

7.  Execution  of  Judicial  Sentences  (Dt.  25:2) 
Deuteronomic  Codes. 

If  a  man  is  condemned  for  a  misdemeanor  to  receive  a  Corporal 
certain  number  of  blows,  the  judge  who  pronounced  the  {0^25:*"* 
sentence  shall  personally  superintend  its  execution. 

8.  Punishment  of  Contempt  of  Court  (Dt.  17  :  12,  13) 
Deuteronomic  Codes.  t^    .      . 

Death  to  the 

When   a  case  is  referred  by  the  local  judges  to  ^^^  °J«  JJ^°  <*«- 
supreme  tribunal  for  a  final  decision,  the  parties  involved  supreme 
in  the  case  must  abide  by  its  ruling,  as  announced  by  its  5^:"°,  13)  ** 
i8s 


Civil  Laws  The  Messages  of 

presiding  priest  or  judge.  The  man  who  defiantly  refuses 
to  act  in  accordance  with  it  shall  be  put  to  death,  that  the 
people  may  be  impressed  with  the  impiety  and  dire  conse- 
quences of  questioning  the  authority  of  the  chief  tribunal 
of  the  nation. 

9.   The  Object  of  Cities  of  Refuge  (Ex.  21 112-14;  Dt. 
19:1-13;  4:41-43;  Num.  35:9-32) 

Primitive  Codes. 

The  primi-  (E)  To  insurc  justice  to  a  manslayer  innocent  of  mali- 
auL"asy*lum  cious  intent,  he  shall  be  allowed  to  find  refuge  beside 
(Ex.  21 :  la-  Jehovah's  altar  in  the  sanctuaries  sanctified  by  the  divine 

presence.     This  right  of  altar-asylum,  however,  shall  be 

denied  the  guilty. 

Deuteronomic  and  Priestly  Codes. 

Justice  to         When  the  temple  was  declared  to  be  the  one  lawful 

mansUye*"*  sanctuary  and  all  other  shrines  and  altars  were  placed 

(Dt.  19:^1.    under  the   ban,  provisions  were  made  for  six  cities  of 

Num.  35:   '  refuge,  three  on  each  side  of  the  Jordan,  to  which  a  man 

killing  another  by  accident  might  flee  from  the  vengeance 

of  the  kinsmen  of  the  slain  and  be  assured  of  a  fair  trial 

and  a  place  where  he  might  reside  without  fear  of  attack. 

Priestly  Codes. 

(P*)  If  the  manslayer  ventures  outside  the  city  of  refugd'he 
exposes  himself  to  the  attack  of  the  avenger ;  but  after  the 
186 


Israel's  Lawgivers  Civil  Laws 

death  of  the  high  priest  he  may  return  to  his  home  and  the  The  blood 

kinsmen  of  the  slain  shall  have  no  right  to  molest  him.     For  f^J^^ ^  ^J."  ^j^^ 

him  to  purchase  immunity  from  attack  before  the  appointed  death  of  the 

.  .     ,      ,     ,  .  ,  ,  high  pnest 

time  is  strictly  forbidden.  (Num.  35 : 

26-32) 

IV 

POPULAR    INSTRUCTION    IN    THE    LAW 

Since  the  Deuteronomic  code  represents  practically  the 
first  popular,  written  version  of  the  law,  and  since  it  was 
intended  primarily  to  be  a  guide  for  the  people,  it  was 
natural  that  this  code  should  emphasize  the  importance  of 
popular  instruction  in  the  law.  The  zeal  of  the  prophets 
to  impress  their  principles  by  every  possible  means  upon 
the  obtuse,  unreceptive  minds  of  the  masses  is  clearly  re- 
flected in  these  enactments.  Through  the  eyes  as  well  as 
the  ears  the  essentials  of  the  law  are  to  be  inculcated. 
The  setting  up  of  stone  monuments  with  inscriptions  upon 
them  to  be  read  by  the  people  may  well  have  been  sug- 
gested to  the  Hebrew  lawgivers  in  the  days  of  Manasseh 
by  the  example  of  their  Assyrian  masters,  whose  influence 
was  then  very  potent  in  Judah.  In  harmony  with  the 
historic  setting  of  the  Deuteronomic  law,  the  specific  com- 
mand is  attributed  to  Moses.  The  public  reading  of  the 
law  is  also  an  adaptation  of  the  methods  of  the  prophets, 
who  presented  their  messages  by  word  of  mouth  to  the 

187 


Civil  Laws  The  Messages  of 

people  or  else,  like  Jeremiah,  sent  their  disciples  to  read 
their  prophecies  when  their  hearers  were  assembled  at 
some  great  fast  or  feast  (Jer.  36  :  5-8).  In  connection  with 
the  institution  of  the  Deuteronomic  code  by  Josiah  it  is 
recorded  in  Second  Kings  23:1,2  that  "  the  king  sent,  and 
they  gathered  unto  him  all  the  elders  of  Judah  and  Jeru- 
salem. And  the  king  went  up  to  the  house  of  the  Lord» 
and  all  the  men  of  Judah  and  all  the  inhabitants  of  Jeru- 
salem with  him,  and  the  priests,  and  the  prophets,  and  all 
the  people,  both  small  and  great,  and  he  read  in  their  ears 
all  the  words  of  the  Book  of  the  Covenant  which  was 
found  in  the  house  of  the  Lord." 

In  strongly  emphasizing  the  importance  of  instructing 
children  in  the  intelligent  appreciation  of  the  principles  of 
the  law,  the  Deuteronomic  lawgivers  made  a  great  con- 
tribution toward  making  Judaism  an  enduring  factor  in 
human  history.  Already  the  experience  of  the  wise  men 
or  sages  had  demonstrated  the  valuable  results  of  youthful 
instruction,  and  the  later  rabbis  further  developed  its  pos- 
sibilities. 

I.  Publishing  the  Law  (Dt.  27  : 1-4,  8 ;  Josh.  8  130-32) 
Deuteronomic  Codes. 

Command  to     The  tradition  is  preserved  that  Moses  gave  the  command 

kwsVn*       that  when  the  Israelites  should  cross  the  Jordan  to  enter  the 

plastered       j^j^^j  Qf  Canaan  they  were  to  set  up  on  Mount   Ebal  great 
stones  (Dt.  ^  ^  ° 

27 : 1-4, 8)     stones  and   cover    them  with  a  coatmg  of  plaster  so  that  it 

188 


IsraeVs  Lawgivers  Civil  Laws 

might  be  possible  to  write  upon  them.  Then  they  were  to  in- 
scribe thereon,  distinctly  so  that  all  could  read,  the  different 
enactments  of  the  Deuteronomic  law. 

(D*)  It  is  also  recorded  that  Joshua  faithfully  carried  out  this  Its  fulfil- 
command  before  the  eyes  of  the  Israelites  after  he  had  led  J'j^JJ.ga)'*^ 
them  across  the  Jordan. 

2.  Public  Reading  of  the  Law  (Dt.  31 :  10-13  ;  Josh.  8: 

33-35) 
Deuteronomic  Codes. 

Furthermore  tradition  states  that  Moses  enjoined  that  The  law  to 
at  the  feast  of  tabernacles  on  every  seventh  year  of  release,  Jh/peopf/" 
when  all  the  people  were  gathered  together  at  the  central  batlcfi^yi^r 
sanctuary,  the  law  should  be  publicly  read.   Women,  chil-  Pt.  31  =  10- 
dren  and  resident  aliens,  as  well  as  Hebrews,  were  to  be 
summoned  to  this  ceremony  that  all  might  become  ac- 
quainted with  the  commands  of  the   law  and  faithfully 
observe  them. 

It  is  recorded   that,  when   all   the   people,    including  the  The  first 
women,  children  and  resident  aliens,  were  assembled  about  the  ^^  yos^  " 
ark  in  front  of  Mount  Gerizim  and  Mount  Ebal,  Joshua  read  ^  •  33-35)     i 
aloud  all  the  commands  of  the  law,  as  Moses  had  enjoined. 

3.  Instruction  of  Children  in  the  Law  (Dt.  6  : 6,  7,  20- 

25;  II :  18-21) 
Deuteronomic  Codes. 

The  uniqueness  and  unity  of  Jehovah's  character  and 
the  obligation  to  love  him  supremely  shall  be  impressed 
189 


Civil  Laws 

Inculcation  upon  the  mind  of  every  Israelite.  These  truths  must 
^emilfcS  if  faithfully  be  instilled  into  the  heart  of  every  child.  At 
chikiren(Dt.  home  and  on  every  possible  occasion  this  work  of  instruc- 
i8-ai)  '        tion  shall  unremittingly  continue. 

Explanation  When  children  ask  their  parents  the  meaning  of  the 
sons^for*^*  laws  of  their  race,  the  fathers  shall  recount  the  great 
uw'e^ai*  deliverances  which  Jehovah  has  accomplished  in  the  his- 
35)  tory  of  their  nation  in  return  for  which  they  are  under 

obligation  faithfully  to  keep  all  his  commands.  They 
shall  also  point  out  the  fact  that  every  enactment  is  for  the 
good  of  the  race  and  individual,  and  that  prosperity  and  a 
long  and  glorious  national  life  shall  be  the  result  and  re- 
ward of  faithful  observance. 


190 


MILITARY   LAWS 


MILITARY   LAWS 


ORGANIZATION    OF    THE    ARMY 

The  historical  books  confirm  the  suggestion,  containea 
in  the  law,  that  the  Israelites  never  maintained  a  standing 
army.  The  nearest  approach  to  this  was  the  body-guard 
of  the  six  hundred — in  part  if  not  entirely  foreign  merce- 
naries,— which  figured  prominently  in  the  reign  of  David 
(i  S.  23  :  13;  cf.  also  2  K.  11:4).  This  included  the 
gibbdrtm,  the  heroes,  who  had  followed  David  during  his 
outlaw  days  and  who  had  joined  in  securing  for  him  his 
kingdom.  Otherwise  the  Hebrew  army  consisted  of  the 
militia,  which  was  called  out  only  in  time  of  war.  At  the 
head  of  the  army  was  the  commander-in-chief,  appointed 
by  the  king,  and  with  him  were  probably  associated  cer- 
tain permanent  officers,  like  the  thirty-seven  mighty  men 
in  David's  army  who  had  gained  experience  and  glory  on 
many  a  battle-field  (2  S.  23  :  8-39).  The  army  itself  was  di- 
vided into  regiments  containing  a  thousand,  companies  of 
one  hundred,  and  smaller  bodies  of  fifty  and  ten,  over  each 
of  which,  in  the  days  of  the  monarchy,  the  king  appointed 
officers,  probably  chosen  from  the  tribe  to  which  the  ma- 


Military  Laws  The  Messages  of 

jority  of  the  men  in  a  given  regiment  or  company  belonged 
(i  S.  8  :  12  ;  2  S.  i8  : 1  ;  2  K.  i  :  9  ;  11:4)-  Naturally 
the  officers  thus  appointed  were  the  tribal  chieftains.  This 
explains  how  it  was  possible  to  secure  an  effective  organ- 
ization even  though  these  subordinate  officers  were  often 
not  appointed  until  the  army  was  assembled  for  battle 
(2  S.  18:1).  The  same  custom  was  followed  by  Judas 
Maccabeus  in  his  wars  against  the  Syrians  (i  Mac.  3:55). 
The  Priestly  codes  grant  exemption  from  military  service 
only  to  the  Levites.  The  law  of  Deuteronomy,  permit- 
ting any  man,  who  was  afraid  or  especially  desirous  of 
living  to  enjoy  certain  pleasures  awaiting  him  at  home, 
to  leave  the  ranks  on  the  eve  of  battle,  seems  to  voice  an 
ideal  of  the  author,  whose  assurance  was  absolute  that 
Jehovah  would  surely  deliver  his  people,  if  their  faith  was 
sufficient.  It  is  the  ideal  which  appears  in  the  Deutero- 
nomic  version  of  the  story  of  Gideon's  victory  over  the  Mid- 
ianites  (Judg.  7  :  2,  3).  It  was  apparently  not  practical 
nor  ordinarily  applied,  although  Judas  is  said  to  have  ad- 
hered to  it  (i  Mac.  3  :  56).  The  crisis  and  the  person- 
ality of  the  great  leader  both  conspired,  however,  to  hold 
every  man  in  the  ranks  and  to  fire  them  to  heroic  deeds. 

I.  Legal  Age  of  Service  (Num.  i :  2,  3  ;  26  :  2) 
All  males      Priestly  Codes. 

twenty  years 

old  (Niim.        (P)  Jehovah  commanded  that  all  the  able-bodied  male 
86:%^ '       Israelites  twenty  years  of  age  and  older  should  be  enrolled 

194 


IsraeVs  Lawgivers  Military  Laws 

according  to  their  families  and  clans  in  order  that  they 
might  be  mustered  for  military  service  in  case  of  war. 

2.  Exemption  of  Certain  Classes  from  Military  Service 
(Dt.  20  :  5-8 ;  24  :  5  ;  Num.  i  :  49  ;  2  :  33) 

Deuteronomic  Codes. 

(D)  When   the  Israelites   are  about  to   advance   into  Those  who 
battle,  the  officers  shall  publicly  announce  that  any  man,  comyeteda 
who  has  recently  built  a  house,  but  not  yet  dedicated  it,  5)°^/\°d 
or  has  planted  a  vineyard,  but  not  yet  had  the  pleasure  of  Pt.  20:5,6) 
gathering  fruit  from  it,  shall  be  permitted  to  return  to  his 
home  lest  he  be  killed  in  battle  and  thus  never  enjoy  the 

results  of  his  labor.  Betrothed  or 

Also  any  man,  who  is  betrothed  or  recently  married,  Hed  m^^*^' 
shall  be  relieved  from  military  duty  for  one  year.  24°  s?' 

Also  any  who  are  faint-hearted  and  therefore  in  danger  Those  lack- 
of  communicating  their  fears  to  their  fellow-soldiers  and  ("o  ^8)"^*^* 
thus  demoralizing  the  army  may  likewise  leave  the  ranks 
on  the  eve  of  battle. 

Priestly  Codes. 

(Ps)  In  taking  the  military  census  the  members  of  the  tribe  Levites 
of  Levi  shall  not  be  numbered,  for  they  are  exempted,  because  2 ;  3^*  ^  *  '*^' 
of  their  sacred  duties,  from  service  in  the  army. 


195 


Military  Laws 


The  Messages  of 


3.  Officers  (Dt.  20  : 9) 

Deuteronomic  Codes. 

Appoint-  (D)  When  all  who  for  any  reason  are  exempted  from 

Sficersof^  service  have  been  allowed  to  withdraw  from  the  army, 

(Dt/To^-  9)    those  whose  duty  it  is  '  shall  appoint  from  the  ranks  the 

leaders  of  the  different  regiment  and  companies. 

The  early  (Ds)  The  tradition  is  extant  that  Moses  from  the  first  chose 

for^he^ap-     tribal  chieftains,  men  of  ability  and  reputation,  and  appointed 

pomtment      them  commanders  of  bodies  of  one  thousand,  of  one  hundred, 

of  officers 

(i :  1, 15 :  cf.  of  fifty,  and  of  ten,  each  man  to  lead  those  from  his  own  tribe. 

Num.  1 : 4, 

i6) 


II 


CEREMONIAL    CLEANLINESS   OF    THE    ARMY 

(Dt.  23  :9-i4;  Num.  5  :  1-3) 

If  the  Israelites  by  observation  or  intuition  attained  to 
a  partial  knowledge  of  the  hygienic  laws  to  which  we  seek 
to-day  to  conform  our  living,  it  finds  no  clear  expression  in 
the  law.  Certain  of  their  enactments  were  highly  sanitary 
in  their  effect,  but  the  motive  urged  is  always  ceremonial. 
The  camp  is  to  be  kept  free  from  anything  that  would 

1  The  antecedent  of  the  "  they  "  in  the  English  translation  is  indefinite. 
In  the  later  historic  example  Judas  Maccabeus  himself  appointed  on  the 
battle-field  the  captains  of  thousands,  hundreds,  fift  es  and  tens  (i  Mac 
3  J  55). 

196 


Israel's  Lawgivers  Military  Laws 

pollute,  not  for  the  sake  of  the  health  of  the  inhabitants, 
but  because  Jehovah  dwells  in  its  midst  and  therefore  it 
it  must  be  kept  ceremonially  holy.  Of  course  it  is  possi- 
ble that  some  of  the  more  observing  lawgivers  recognized 
the  unsanitary  effects  of  certain  forms  of  pollution  and 
to  protect  the  people  from  their  evil  effects  deliberately  de- 
clared them  to  be  ceremonially  defiling ;  but  the  religious 
explanation  of  the  origin  of  these  laws  is  the  obvious  and 
on  the  whole  the  most  satisfactory  one.  The  naive,  an- 
thropomorphic conception  of  Jehovah  (v.  14,  "  walketh  in 
the  midst  of  the  camp,"  etc.)  suggests  an  early  date  for 
this  law  or  at  least  for  the  ideas  which  it  embodies. 

Deuteronomic  Codes. 

(D)  When  the  Israelites  are  engaged  in  a  military  cam-  Every  man 
paign,  they  shall  exercise  especial  care  in  avoiding  any-  caSuUy 
thing  ceremonially  defiling.     A  man  accidentally  polluted  sfnar^ofiu- 
must  leave  the  camp  and  bathe  himself  in  water  and  re-  tion(Dt.  23: 
main  outside  until  evening.      A  place  must  also  be  set 
aside  outside  the  camp  for  the  necessities  of  nature — and 
even  there  the  most  scrupulous  sanitary  measures  must 
be  observed  lest  in  any  way  the  camp  be  contaminated, 
for  Jehovah  is  in  its  midst  proceeding  with   his  people 
against  their  enemies.     Hence  the  camp  must  be  made  a 
fit  sanctuary  for  the  Lord,  that  he  may  find  therein  no  un- 
clean thing  which  might  lead  him  to  depart  and  leave  his 
people  to  fall  before  their  foes. 
197 


Military  Laws  The  Messages  of 

Priestly  Codes. 
Exclusion  of      (Ps)  Everyone  of  either  sex  who  is  afflicted  with  leprosy,  or 
ally  undean  ^as  a  running  sore  or  is  ceremonionally  unclean   because  of 
(Num.  5 :  i-   contact  with  a  corpse  shall  be  excluded  from  the  camp  that 

they  may  not  defile  it,  for  it  is  Jehovah's  dwelling-place. 


Ill 

MANNER   OF    ATTACK 

(Dt.  20  : 1-4,  10-12  ;  Num.  10  19;  31  : 3) 

Deuteronomic  Codes. 

The  priest  to     (Ds)  When  the  Israelites  go  forth  into  battle  against  their 
faith  of  tile  ^  ^°^s»  ^^  priest  in  attendance  upon  the  army  shall  publicly  ex- 
Hebrews       hort  them  to  be  courageous  in  the  presence  of  their  enemies,  for 
their  God  is  with  them  to  deliver  and  to  give  them  the  victory. 

Attack  on  a      On  attacking  a  hostile  city  the  Israelites  shall  demand  its 
aty  (20 .  10-  pg^(,gf y{  surrender  and,  if  it  submits  at  once,  its  inhabi- 
tants shall  pay  tribute  to  the  conquerors.     If  it  does  not 
surrender,  they  shall  besiege  it. 

Priestly  Codes. 

The  call  to        (ph)  When  the  Israelites  declare  war  against  an  enemy 
i??9 :  df"^"  which  oppresses  them,  they  shall  sound  the  alarm  with  the 
Num.  31 : 3)  trumpet  to  call  the  people  to  arms,  and  then  they  may  be 
assured  that  their  God  will  deliver  them  from  their  foes. 
198 


IsraeVs  Lawgivers  Military  Laws 


IV 


REGULATIONS   REGARDING    THE   DISPOSITION   OF 
THE    SPOILS    OF    WAR 

The  laws  of  the  Israelites  regarding  the  treatment  of 
their  foes  were  much  harsher  than  their  actual  practice. 
Even  in  their  bitter  wars  with  their  hostile  neighbors 
there  is  no  record  of  their  ever  having  put  to  death  all  the 
men  captured  in  battle.  Instead  of  completely  extermi- 
nating the  original  Canaanitish  inhabitants,  they  at  first 
freely  intermarried  with  them  (Judg.  3:5,6)  and  then  in 
time  reduced  to  a  state  of  bondage  those  who,  like  the 
Gibeonites,  retained  their  racial  integrity.  It  is  perhaps 
surprising  that  the  latest  regulation,  the  traditional  prece- 
dent associated  with  the  name  of  Moses  and  the  Midian- 
ites,  advocates  the  most  merciless  policy  toward  conquered 
foreigners.  The  contrast  with  the  principles  laid  down  by 
Amos,  who  denounced  similar  cruelty  in  the  foes  of  Israel 
(Am.  1:6-13),  is  striking.  The  pitiless  attitude  of  the 
Deuteronomic  and  priestly  lawgivers  toward  the  heathen 
foes  of  their  race  is  explained,  however,  in  the  reasons 
which  are  given  for  the  sweeping  enactments.  They  were 
dealing  not  with  present  but  with  past  conditions.  The 
evils  in  Israel's  character  and  religion  were  most  of  them 
traced  in  their  day  to  the  baneful  influence  of  the  peoples 
199 


Military  Laws  The  Messages  of 

in  and  about  Canaan.  Their  conclusion  that  the  supreme 
mistake  had  been  not  to  exterminate  these  from  the  first 
was  natural,  although  not  representative  of  the  highest 
revelation  vouchsafed  to  the  Hebrew  race.  A  truer  theory- 
was  that  of  the  Deuteronomic  editor  of  Judges,  namely, 
that  the  heathen  peoples  were  left  to  test  Israel's  fidelity 
to  Jehovah  (2  :  22  to  3  :  i).  .  The  theoretical  laws  of  the 
later  codes  reflect  the  imperfect  degree  of  enlightenment 
of  the  men  who  wrote  them  and  the  intensity  of  the  con- 
flict between  heathenism  and  the  worshippers  of  Jehovah 
which  raged  in  their  day. 

I.  Captives  (Dt.  20  :  10-18 ;   7  :  i,  2,  16,  22-24;   3  : 3-6; 
21:10-14;  Num.  31:7-18) 

Deuteronomic  Codes. 

Disposition  (D)  When  a  hostile  city  surrenders  without  resistance 
(b??o7tl.  to  the  Israelites,  its  inhabitants  shall  simply  pay  tribute 
'5)  to  their  conquerors ;  but  if  the  city  refuses  to  capitulate 

and  is  captured  only  after  a  siege,  its  male  inhabitants 
shall  at  once  be  put  to  death,  and  the  women  and  the 
children  shall  be  taken  by  the  Israelites.  This  shall  be 
the  law  of  war  in  the  case  of  cities  beyond  the  bounds 

Extermina- 

tion  of  the    of  Canaan. 

£a!faan*(2o:      Of  the  pcoplcs  Hviug  in  Canaan  none  captured  in  war 

16-18;  7: 1,  gi^^jj  i^g  permitted  to  live.     All  of  the  earlier  inhabitants 

2, 10, 22-24 » 

3  '•  3-6)         of  the  land  shall  be  completely  exterminated,  lest  surviv- 

200 


Israels  Lawgivers  Military  Laws 

ing  they  teach  the  conquerors  to  worship  their  gods  and  thus 
to  forget  Jehovah. 

(D)  Any  Hebrew  who  desires  to  make  a  female  captive  Marriage 
of  war  his  wife,  may  do  so,  provided  he  allows  her  first  to  male  captive 
mourn  a  month  for  her  family  in  the  quiet  of  his  home.     ^^^  •  ^^^'♦^ 

Priestly  Codes. 

(Ps)  It  is  recorded  that  when  the  Israelites  conquered  the  Command  to 

Midianites  in  the  wilderness  and  slew  all  the  males,  Moses  re-  children'and 

baked  them  because  they  spared  all  the  women  and  children,  married 

•'     ^  women  of 

To  prevent  moral  contamination,  he  commanded  that  all  the  the  Midian- 

male  children  and  married  women  should  also  be  put  to  death.  ^H  7-18™ 

2.  Booty  (I.  S.  30 :  24,  25  ;  Dt.  20  :  14-20 ;  3:7;  7  :  25, 

26) 
Primitive  Codes. 

In  connection  with  the  successful  pursuit  of  the  maraud-  Sharing 
ing  Amalekites,  David  ruled  that  those  who  are  left  behind  3^^  24,  25) 
to  guard  the  baggage  of  the  army  shall  share  equally  in 
the  division  of  the  spoil  with  those  who  do  the  actual 
fighting.    Henceforth  this  ruling  became  a  law  in  Israel. 

Deuteronomic  Codes. 

(D)  All  spoil  found   in  conquered  cities  beyond   the  Booty  capt- 
bounds  of  Canaan  shall  be  seized  as  lawful  prey  by  the  forelgnfoes 
Israelites.     Everything,  however,  captured  from  the  for- ^^J.^- ^  \'*", 
mer  inhabitants  of  Canaan  shall  be  entirely  destroyed.        25, 26) 
201 


Military  Laws 

Fruit  trees       In  Carrying  on  a  long  siege  the  Israelites  may  eat  the 
inwar'(2o*:    ^^uit  of  the  trecs  and  cut  down  those  which  are  useful 
19.  ao)         only  for  their  wood  ;  but  none  of  the  fruit  trees  about  the 
besieged  town  shall  they  injure,  for  their  warfare  is  di- 
rected against  their  hostile  foes  and  not  against  the  pro- 
visions of  Nature  for  man's  support. 


202 


HUMANITARIAN   LAWS 


HUMANITARIAN   LAWS 


THE  HUMANITARIAN    ELEMENT    IN    THE  OLD  TESTA- 
MENT   LEGISLATION 

The  laws  of  the  Old  Testament  represent  many  different 
points  of  view  and  degrees  of  spiritual  enlightenment.  In 
striking  contrast  with  the  regulations  providing  for  the 
wholesale  slaughter  of  women  and  children,  simply  be- 
cause they  were  enemies  of  the  Israelites,  are  those  which 
enjoin  thoughtful  consideration  for  the  interests  of  a  foe. 
Peculiar  to  the  Old  Testament  legislation  and  especially 
to  the  Deuteronomic  codes  is  a  group  of  laws  which  ap- 
peal not  merely  to  the  cold  sense  of  justice,  but  also  to  the 
feeling  of  love  toward  man  and  beast.  Since  they  consti- 
tute the  unique  and  original  element  and  reveal  the  true 
character  and  spirit  of  Israelitish  legislation,  they  are  here 
presented  as  a  unit,  although  many  of  them  have  already 
been  introduced  under  other  headings.  Like  the  sermons 
of  the  prophets,  they  represent  the  strenuous  efforts  of 
certain  inspired  teachers  of  the  Hebrew  race  to  lead  their 
nation  onward  and  upward  to  the  realization  of  the  divine 
ideal  revealed  to  them. 

205 


Humanitarian  Laws  The  Messages  of 

Like  the  sages,  however,  who  were  in  close  touch  with 
the  possibilities  and  limitations  of  the  people  whom  they 
were  seeking  to  lead,  the  lawgivers  were  governed  by 
practical  considerations.  They  did  not  essay  the  impos- 
sible and  make  the  mistake  of  trying  to  revolutionize  in  a 
moment  the  inherited  customs  of  their  race.  Fortunately 
they  were  men  of  their  age,  and  therefore  far  better  fitted 
to  lead  it  than  idealists  whose  conceptions  may  have  been 
much  nearer  perfection.  As  it  was,  there  is  clear  evidence 
— many  unconscious  confessions — that  they  often  feared 
that  their  standards  were  so  high  that  the  ignorant  nation 
which  they  were  endeavoring  to  guide  upward  would 
never  attain  to  them.  Especially  when  the  observance  of 
a  law  called  for  self-denial  and  the  appeal  was  primarily 
to  the  higher  sensibilities,  do  they  introduce  additional 
motives,  frequently  very  utilitarian,  in  order  to  influence 
the  people.  Thus  they  are  assured  that,  if  they  will  remit 
the  interest  due  them  from  the  needy,  Jehovah  will  pros- 
per their  every  undertaking.  Elsewhere  they  are  com- 
manded to  give  generously  to  the  poor,  lest  Jehovah's 
displeasure  be  visited  upon  them  because  of  their  hard- 
heartedness.  In  many  cases  the  formal  enactments  of  the 
lawgivers  are  only  veiled  exhortations,  revealing  the  spirit 
of  the  prophet  in  the  heart  of  the  priest.  Repeatedly  in 
commands  enjoining  benevolence  and  consideration  for 
the  needy  and  dependent  they  remind  the  people  that  their 
ancestors  were  penniless  slaves  in  the  land  of  Egypt,  and 
206 


Israel's  Lawgivers  Humanitarian  Laws 

that  gratitude  compels  them  to  observe  this  divine  law. 
Only  by  its  faithful  observance  can  the  Hebrews  expect  to 
enjoy  Jehovah's  blessing  upon  their  efforts. 

To  appreciate  the  humanitarian  laws  of  the  Hebrews  it 
is  necessary  to  realize  their  historical  setting.  They  rep- 
resent, not  the  full  light,  but  the  foregleams  of  that 
heavenly  flame  of  love  which  burned  transcendently  in  the 
heart  of  the  Christ.  Some  of  them  seem  dim  and  flicker- 
ing to  us  who  stand  in  the  full  light  of  Christianity  and  of 
the  noble  philanthropic  movements  of  the  present  day ; 
but  we  must  remember  that  outside  the  circle  of  Israel's 
inspired  teachers  the  one  law  almost  universally  recognized 
in  antiquity  was  that  of  might,  and  woe  to  the  needy  or 
defenceless.  The  more  highly  civilized  a  nation,  the  more 
refined  seemed  to  be  its  cruelty.  Assyria,  for  example, 
rich  in  art  and  learning,  with  a  highly  developed  legal  and 
religious  system,  gloried  in  its  organized  robberies  and 
wanton  cruelty  to  the  helpless  peoples  which  it  gathered 
into  its  net.  In  their  public  inscriptions  the* Assyrian 
kings  tell  with  manifest  exultation  and  pride  of  the  hun- 
dreds of  cities  and  towns  pillaged,  burned,  and  reduced  to 
unsightly  ruins.  In  their  records  they  recount,  and  on 
their  monuments  they  picture,  the  thousands  of  captives, 
old  and  young,  whom  they  impaled  on  stakes  before  the 
eyes  of  horrified  kinsmen,  or  else  dragged  away  as  cap- 
tives in  galling  fetters,  which  made  the  life  of  the  victims 
one  long  death-agony. 

207 


Humanitarian  Laws  The  Messages  of 

Many  of  the  Old  Testament  laws,  which  merely  reflect 
ancient  customs  or  usages  of  the  ritual,  may  be  reveren- 
tially placed  upon  the  historical  shelf  and  reserved  for  the 
students  of  Israelitish  life  and  religion.  Not  so,  however, 
with  these  humanitarian  laws.  They  represent  not  the 
low,  but  the  high-water  mark  of  Hebrew  thought  and 
teaching.  Their  kinship  is  with  the  noblest  messages  of 
the  inspired  prophets  and  sages.  In  the  past  they  were 
potent  in  shaping  and  developing  that  which  was  best  in 
the  life  of  the  Israelitish  race.  Their  justice,  tempered 
with  a  genuine  love  for  humanity  and  for  all  of  God's 
creation,  has  left  its  benign  impress  upon  the  laws  of 
every  civilized  land.  Like  the  teachings  of  the  Hebrew 
sages,  they  relate  to  man,  and  rise  so  far  above  temporal 
and  racial  limitations  that  they  are  of  perennial  and  uni- 
versal application.  The  principles  of  which  they  are  the 
practical  expression  are  calculated  to  heal  the  wounds  of 
society  in  the  present  as  in  the  past.  In  that  shorter 
Bible,  which  each  lover  of  God  and  of  truth  consciously 
or  unconsciously  selects  from  the  greater  whole  for  his 
own  personal  guidance  and  inspiration,  these  laws,  because 
of  their  intrinsic  merit,  certainly  deserve  a  prominent 
place. 


208 


IsraeVs  Lawgivers  Humanitarian  Laws 

II 

KINDNESS    TOWARDS    ANIMALS 

It  is  interesting  to  note  that  the  modern  societies  for 
the  prevention  of  cruelty  to  animals  find  their  charter  in 
the  Old  Testament.  The  principle  laid  down  by  the 
Hebrew  sages,  "  A  righteous  man  regards  the  life  of  his 
beast  "  (Prov.  12  :  lo),  is  the  basis  for  definite  laws  in  the 
Deuteronomic  and  Holiness  codes.  These  enactments 
aim  not  merely  to  prevent  cruelty,  but  also  to  engender 
that  tender  consideration  for  the  comfort  of  dumb  animals 
that  makes  cruelty  impossible.  Even  the  wild  beasts 
command  the  kindly  interest  of  the  lawgiver.  It  is  diffi- 
cult to  find  an  analogy  in  all  ancient  literature. 

1.  Command  not  to  Muzzle  the  Threshing  Ox  (Dt.  25  : 4) 

Deuteronomic  Codes. 

The  oxen  which  tread  out  your  grain  at  threshing  time  "  The  labor- 
shall  not  be  muzzled,  but  left  free  to  eat  a  portion  of  the  of  hirhire  ^ 
grain  as  they  perform  their  work.  ^^-  ^^^m) 

2.  Command  to  Let  the  Land  Rest  in  the  Seventh  Year, 
that  the  Wild  Animals  may  Have  Food  (Ex.  23  :  11  ; 
Lev.  25:5-7) 

Primitive  Codes.  SThe^'**"* 


ear 


(E)  For  SIX  years  shall  the  land  be  tilled  and  its  prod-  seventh  yea 

,  ,  .       ,         .       ,  ,  ,  .     ,.    ,  of  rest  (Ex. 

uce  gathered  in,  but  in  the  seventh  year  there  shall  be  no  23:  n) 
209 


Humanitarian  Laws  The  Messages  of 

cultivation  of  the  soil.  It  shall  be  allowed  to  lie  fallow, 
that  the  poor  may  gather  what  grows  of  itself,  and  that 
what  remains  may  be  for  food  for  the  wild  animals. 

Priestly  Codes. 
Beasts  to  (P^)  In  the  seventh  year  of  rest  the  owners  of  land  or 

natiraiprod-t^^^s  or  vines  are  prohibited  from  claiming  as  their  own 
as^s-T?^     that  which  grows  on  their  property,  but  all  the  natural 

produce  shall  be  a  common  possession  to  be  shared  alike 

as  food  by  master,  servant,  resident  alien,  domestic  cattle, 

and  the  wild  beasts  of  the  land. 

3.  Command  to  Let  Beasts  of  Burden  Rest  (Ex.  23  :  12) 

Primitive  Codes. 
Sabbath  rest      (E)  Within  six  days  shall  all  work  be  done,  and  the 
(Ex.  23*:  12)  seventh  shall  be  devoted  to  rest,  that  the  beasts  may  have 

the  rest  which  they  need  after  their  six  days  of  toil. 

4.  Command  not  to  Take  Mother  Bird  with  Young  or 

Eggs{jy\..  22:6,7) 

Deuteronomic  Codes. 
Sanctity  of       A  man  finding  a  bird's  nest  may  take,  as  his  possession 
SonTot.^*':  by  right  of  discovery,  the  young  birds  or  the  eggs,  but  he 
^»7)  must  not  take  the  mother  with  them.     Only  by  thus  re- 

specting the  parental  relation  in  beasts  as  well  as  men 
can  man  hope  to  enjoy  that  prosperity  which  Jehovah 
210 


Israel's  Lawgivers  Humanitarian  Laws 


has  promised  to  those  who  observe  this  sacred  obliga- 
tion.* 


5.   Command  not  to  Slay  either  a  Cow  or  Ewe  and  its 
Young  on  the  Same  Day  (Lev.  22  :  27,  28) 

Priestly  Codes. 

(P**)  Of   the  animals  suitable  for  sacrifice  the  young  Sacrifice  of 
shall  be  allowed  to  remain  with  their  mother  at  least  seven  (Le^^JlTfay, 
days.     Not  until  they  are  eight  days  old  shall  they  be  ac-  '^^ 
ceptable  as  an  offering.     Then  it  is  forbidden  to  kill  both 
the  mother  and  young  on  the  same  day. 


Ill 

PRECAUTIONS   AGAINST    ACCIDENT    (Dt.  22  :  8) 

The  same  delicate  feeling  which  prompted  tender  con- 
sideration for  dumb  beasts  led  the  Hebrew  lawgivers  to 
anticipate  in  one  instance  our  modern  building  laws  which 
aim  to  guard  against  the  possibility  of  accident. 

*  The  motive  underlying  this  command  is  suggested  by  kindred  laws  (as 
that  prohibiting  the  slaying  of  both  an  ox  or  ewe  and  its  young  on  the  same 
day),  and  by  the  concluding  words,  "  that  it  may  be  well  with  you,  that  you 
may  prolong  your  days,"  which  were  also  added  by  the  Deuteronomist  to 
the  command  to  honor  human  parents  (Dt.  5 :  16). 
211 


Humanitarian  Laws  The  Messages  of 

Deuteronomic  Codes. 
Protection         In  building  a  house  the  owner  must  provide  a  strong 
(22':  8)        parapet  around  the  outside  of  the  roof  to  guard  from  ac- 
cident those  who  use  its  fiat  surface  for  rest  or  recreation. 


IV 

MEASURES  PREVENTIVE  OF  CRUELTY  TO  THE 
UNFORTUNATE 

While  always  just  and  sometimes  harsh,  according  to 
our  modern  conceptions,  in  the  punishment  of  crime,  the 
Old  Testament  laws  were  never  cruel  in  the  methods 
which  they  employed.  Among  most  peoples  of  antiquity 
little  attention  was  paid  to  human  suffering,  and  no  form 
of  corporal  punishment  was  deemed  too  severe  for  the 
criminal.  Flaying,  impaling  on  stakes,  crucifixion,  burn- 
ing, dismembering,  blinding,  and  kindred  horrors  were  in 
common  use  throughout  the  ancient  world  ;  but  such  pun- 
ishments were  never  countenanced  by  the  Hebrew  law- 
givers. Capital  punishment,  exile,  in  one  extreme  case 
cutting  off  the  hand,  beating,  and  fines  were  the  punitive 
measures  which  they  employed.  They  also  carefully 
guarded  against  excesses,  and  that  other  characteristic 
oriental  evil — injustice  due  to  personal  favoritism  or  mal- 
ice. 

212 


IsraeVs  Lawgivers  Humanitarian  Laws 

Social  problems  were  also  prominent  in  ancient  Israel, 
and  the  wise,  practical  way  in  which  they  are  dealt  with 
in  the  Old  Testament  law  is  exceedingly  interesting  and 
instructive.  They  recognized  the  unfortunate,  the  needy, 
and  the  dependent,  as  well  as  the  vicious  classes,  and  en- 
deavored by  special  legislation  to  protect  their  rights  and 
ameliorate  their  condition.  Their  position  would  to-day 
be  classified  as  in  many  respects  socialistic.  That  those 
who  had,  owed  certain  obligations  to  those  who  had  not, 
was  clearly  postulated.  Many  of  their  laws  sought  to  indi- 
cate definite  ways  in  which  those  obligations  could  be  dis- 
charged. They  are  wise  suggestions  rather  than  im- 
personal enactments.  To  most  of  them  no  penalty  is 
attached  for  their  infringement  other  than  the  burden  of 
Jehovah's  displeasure. 

I.  Moderation  in  Infiicting  the  Bastinado  (Dt.  25:2,  3) 
Deuteronomic  Codes. 

When  a  criminal  has  been  found  guilty  of  a  misde- Moderation 
meanor,  he  shall  not  be  maltreated.     To  protect  him  from  HJent"'^ 
private  malice  or  injustice,  he  shall  be  beaten  in  the  pres-  (Dt25:2, 3) 
ence  of  the  judge  who  condemned  him,  and  a  careful  rec- 
ord kept  of  the  number  of  blows  administered.     Forty 
shall  be  the  maximum  number  given  for  any  offence,  since 
excessive  punishment  is  a  degradation  inconsistent  with 
the  respect  which  should  be  paid  to  a  human  being,  even 
though  he  be  a  criminal. 

213 


Humanitarian  Laws  The  Messages  of 


2.    The  Family  of  a  Criminal  not  to  Suffer  with  Him 
(Dt.  24 :  i6) 

Deuteronomic  Codes. 
Relatives  Contrary  to  primitive  usage,  parents  shall  not  be  held 

l^t^lt\x(i)  responsible  and  punished  for  crimes  committed  by  their 

children,  nor  children   for  the  crimes  of  their  parents. 

Every  criminal  shall  alone  be  held  responsible  for  his  own 

crimes. 

3.  Consideration  in  Taking  Pledges  (Dt.  24  :  10,  11) 

Deuteronom.ic  Codes. 

Borrower  to      In  taking  something  in  security  for  a  loan  the  lender 
articiV^*      shall  not  go  into  the  house  to  take  his  pledge,  but  shall 
(Dt.  24 :  10,  leave  to  the  borrower  the  selection  of  the  article  offered, 
that  the  latter  may  be  delivered  from  needless  privation. 

4.  Return  of  Garments  taken  in  Pledge  (Ex.  22  :  26,  27  ; 
Dt.  24:12,  13) 

Primitive  and  Deuteronomic  Codes. 

The  poor         In  the  case  of  a  loan  between  Israelites,  if  the  borrower 

JS!  22*^^26,  be  a  poor  man,  and  therefore  obliged  to  give  his  mande  as 

r  •  12**1  )    security,  it  shall  not  be  retained  over  night  by  the  lender,  but 

returned  to  its  owner  by  sunset,  for  it  is  his  bed  and  only 

protection  against  the  cold  of  night.    Jehovah  will  punish 

214 


Israel's  Lawgivers  Humanitarian  Laws 

the  disregard  of  this  law  and  richly  reward  its  faithful  ob- 
servance.* 

5.  Not  to  Take  a  Millstone  in  Pledge  (Dt.  24  : 6) 
Beuteronomic  Codes. 

A  handmill,  daily  used  to  prepare  the  food  for  a  family,  No  necessi- 
or  the  upper  millstone,  without  which  the  mill  is  useless,  6)**  ^   *'  ^* ' 
shall  never  be  taken  as  security  for  a  loan  or  debt,  for  to 
do  so  would  deprive  the  family  of  the  means  of  supplying 
its  daily  bread  and  thus  of  maintaining  its  life. 


TREATMENT    OF   DEPENDENT   CLASSES 

I .  Justice  to  Hired  Servants  (Dt.  24  :  14,  15 ;  Lev. 
19:13b) 

Deuteronomic  and  Priestly  Codes. 

The  wages  of  a  hired  servant,  whether  he  be  a  Hebrew  Prompt  pay. 
or  an  alien,  if  he  be  poor,  must  not  be  withheld  from  him  wage°(Dt. 

24  :  14,  15  ; 
>  It  is  interesting  to  note  that  in  both  codes  this  law  is  enforced  by  special  Lev.  19 :  13b) 
exhortations.  In  Exodus  it  is  in  the  form  of  a  warning :  when  the  wronged 
borrower  cries  unto  Jehovah,  his  cry  will  be  heard  by  the  g^racious  God. 
Failure  to  observe  it  is  a  crime.  In  Deuteronomy  care  in  returning  garments 
is  regarded  as  an  act  of  virtue,  calling  forth  the  blessings  of  the  borrower 
and  the  approval  of  Jehovah.  EzekicI  classifies  it  among  the  most  common 
and  heinous  crimes  (Elzek.  x8  :  7,  12  ;  33  :  15}. 

"5 


Humanitarian  Laws  The  Messages  of 

when  they  are  due,  but  must  be  paid  to  him  promptly  at 
the  close  of  his  day's  labor,  for  he  counts  upon  receiving 
them  to  supply  his  pressing  needs,  and,  if  disappointed,  he 
may  arouse  Jehovah's  displeasure  against  the  one  thus 
wronging  him. 

2.  Consideration  for  Slaves  (Ex.  23  :  12  ;    21  :  26,  27  ; 
Dt.  15  :  12-15,  18 ;»  Lev.  25  :  39,  40a,  43) 

Primitive  Codes. 
Sabbath  rest     (E)  The  aim  of  the  sabbath  is  that  the  beasts  of  burden 
(Ex.  23 :  12)  ^^^  slaves  of  the  household  may  rest  from  labor  as  well 

as  the  master. 
Reparation       If  a  master  inflict  a  serious  injury  upon  his  slave,  like 
(Ex"2i?26,  the  loss  of  an  eye  or   limb,  the  slave  shall  receive  his 
^T^  freedom  in  reparation  for  the  injury  received,  and  the  mas- 

ter shall  be  punished  by  the  loss  of  his  slave. 

Priestly  Codes. 
Protection  of     (P'^)  If  an  Israelite  because  of  poverty  sells  himself  to  a 
siaves'(Lev,  fellow-Israelite,  he  shall  not  be  regarded  or  treated  as  a 
25 :  39. 40",   slave,  but  rather  as  a  hired  servant  or  as  a  resident  alien 

43) 

who  puts  himself  under  the  protection  of  a  patron.  The 
one  to  whom  he  sells  himself  shall  not  treat  him  harshly, 
but  is  ever  to  remember  that  they  are  both  brothers,  chil- 
dren of  the  same  God,  who  guards  the  defenceless  and 
will  reward  considerate  action. 

1  For  the  law  enjoining  generosity  to  manumitted  slaves,  cf.  pp.  124-125. 
216 


Israel's  Lawgivers  Humanitarian  Laws 


3.  Consideration  for  the  Feelings  of  Captives 
(Dt.  21  :  10-14) 

Deuteronomic  Codes. 

If  among  those  captured  in  war  a  Hebrew  finds  a  fair  Recognition 
female  captive  whom  he  desires  to  make  his  wife,  he  shall  ^f  \  ^pfive 
not  do  so  at  once,  but  shall  first  take  her  to  his  home.  ^^^^^^ 
There  she  shall  shave  her  head  and  pare  her  nails  and  take  Hebrew 

(Dt.  ai  :  lo- 

off  the  garb  of  a  captive  as  a  symbol  that  she  is  no  longer  14) 
forsaken,  but  has  found  a  husband  and  is  about  to  be  ad- 
mitted into  the  ranks  of  Jehovah's  people.  For  a  month, 
however,  in  seclusion  she  shall  be  allowed  to  mourn  for  her 
parents.  Then,  when  she  has  become  familiar  and  rec- 
onciled with  her  separation  and  new  environment,  the 
Hebrew  who  has  chosen  her  may  make  her  his  wife  and 
claim  the  full  rights  of  a  husband.  If  in  time  her  hus- 
band wishes  to  divorce  her,  he  shall  not  sell  her  for  money 
as  a  slave,  for  he  has  entered  with  her  into  the  intimate 
relation  of  husband,  but  like  a  Hebrew  wife  he  shall  let  her 
go  forth  free  wherever  she  wishes. 

4.  Justice  to  Those  Unable  to  Defend  Themselves  (Ex 
22  :  22-24 ;  Dt.  24  :  17,  18 ;  27  :  19) 

Primitive  Codes. 

(E)  Let  no  one  wrong  or  take  advantage  of  widows  and 
orphans,  because  they  have  no  one  to  defend  their  rights. 
217 


Humanitarian  Laws  The  Messages  of 

Wrongs  to  They  who  wrong  them  will  find  in  Jehovah  an  avenger 
orpSns  (Ex.  who  will  hear  the  cry  of  the  oppressed  and  make  the 
22 ;  2224)     Y^^ives  and  children  of  the  oppressors  widows  and  orphans. 

Deuteronomic  Codes. 

Kindness  to  Let  no  One  pervcrt  the  cause  of  the  needy  and  helpless, 
(Dt.  24^  17^  of  the  resident  alien  and  the  orphan,  and  let  no  one  be  so 
'^^  hard-hearted  as  to  take  the  garment  of  a  poor  widow  in 

pledge  for  a  debt  or  loan.  Let  every  Hebrew  remember 
how  Jehovah  delivered  him  from  the  hated  serfdom  of 
Egypt,  and  the  debt  of  gratitude  which  he  therefore  owes 
— a  debt  which  can  best  be  paid  by  kindness  to  the  needy 
and  dependent. 

A  curse  upon     (D)  The  curse  of  the  community,  as  well  as  Jehovah's  deep 
oxi^V^   displeasure,  shall  rest  upon  the  man  who  perverts  the  cause  of 
the  resident  alien,  the  orphan,  and  the  widow,  for  they  are 
under  the  especial  protection  of  Jehovah  and  the  state. 

5.  Justice  to  the  Poor  (Ex.  23  :  6 ;  cf.  Dt.  15  :  7-1 1 ;  Lev. 

25:35) 
Primitive  Codes. 

No  favorit-       Let  no  one  either  as  judge  or  plaintiff  deprive  a  poor 
2^3":  6)  **       Hebrew  of  the  justice  which  he  seeks  at  the  public  tri- 
bunals. 


218 


IsraeVs  Lawgivers  Humanitarian  Laws 


VI 

VARIOUS  PHILANTHROPIC   PROVISIONS   FOR   THE 
NEEDY 

I,  Leaving  the  Gleanings  (Dt.  24  :  19-22 ;  Lev.  19  :  9, 
10;  23  :  22) 

Deuteronomic  and  Priestly  Codes. 

At  harvest  time  the  owners  of  fields  or  orchards  or  The  glean- 
vineyards  shall  not  selfishly  gather  all  that  which  the  soil  j,"eedy°(D^* 
produces.     A  sheaf  which  has  been  forgotten,  the  grain  J^^  ^9-22 ; 
which  grows  in  the  corners  of  a  lot,  the  olives  which  re-  10 ;  23 :  22) 
main  on  the  tree  after  the  first  beating,  and  the  grapes 
overlooked  in  the  first  gleaning,  shall  be  left  for  those  in  the 
community,  like  the  resident  aliens,  the  orphans,  and  the 
widows,  who  have  no  possessions  and  no  regular  means 
of  support.     Let  those  who  have,  remember  that  their  an- 
cestors were  penniless  slaves  in  the  land  of  Egypt,  and 
that  gratitude  compels  them  to  observe  this  divine  law. 
Furthermore,  only  by  its  faithful  observance  can  they  ex- 
pect to  enjoy  Jehovah's  blessing  upon  their  efforts. ' 

*  The  form  of  the  law  b  substantially  the  same  in  the  two  codes.  The 
principle  is  applied  to  the  olive  garden  only  in  Deuteronomy.  The  motives 
and  rewards  for  the  faithful  observance  of  the  law  are  alone  presented  in 
that  book.  Its  importance  is  suggested  by  the  fact  that  in  the  brief  Holi- 
ness code  it  is  given  twice  in  nearly  the  same  words. 
219 


Humanitarian  Laws  The  Messages  of 

2.  Sharing  Offerings  with  the  Dependent  (Dt.  i6  ;  ii, 

12;  26: 11) 
Deuteronomic  Codes. 
The  needy       When  the  Hebrews  bring  their  offerings  up  to  Jeru- 
Sikeln*       salem  to  celebrate  at  the  temple  their  great  feasts,  and 
m*^r(Dt^?-  especially  that  of  the  harvest  home,  they  shall  share  their 
II,  12;  26:   offerings  and  the  joy  of  the  festal  occasion  not  only  with 
those  belonging  to  their  own  family,  but  also  with  the 
dependent  members  of  the  community,  with  the  Levites 
who  minister  at  the  holy  shrines,  with  the  resident  aliens, 
the  orphans  and  widows,  who  dwell  in  their  towns,  that 
all  may  rejoice  together.     Let  no  Hebrew  forget  that  his 
race  was  once  in  bondage  in  Egypt ;  let  him  remember 
and  provide  for  the  needs  and  happiness  of  those  who, 
like  his  ancestors,  have  no  patron  except  Jehovah. 

3.  Distribution  of  the  Tithe  among  the  Dependent  Ment' 

bers  of  Society  (Dt.  14  ;  22-29  J  26 :  12,  13) 

Deuteronomic  Codes. 

Ordinary  To  provide  a  definite  means  of  support  for  the  depend- 

?4^?2-27)'  ent  classes,  as  well  as  to  sustain  religious  worship,  every 
Hebrew  who  possesses  property  shall  each  year  set  aside 
a  tenth  of  all  his  products.  Two  out  of  every  three  years 
he  shall  bring  the  tithe  of  his  grain  and  oil  and  wine  and 
the  firstlings  of  his  flocks,  or  the  money  equivalent  of  the 
same,  to  the  sanctuary,  where  he  shall  provide  therewith 
220 


Israel's  Lawgivers  Humanitarian  Laws 

a  sumptuous  feast,  which  he  shall  share  with  his  family  and 
poor  members  of  the  community,  such  as  the  landless 
Levites. 

In  the  third  year,  however,  the  tithe  shall  be  turned  Triennial 
over  by  each  individual  to  the  public  storehouse  within  28,^29/''* " 
each  town,  and  thence  distributed  to  the  Levites,  who  have 
no  property,  and  to  the  poor  classes,  such  as  the  resident 
aliens,  the  orphans,  and  the  widows  of  the  community, 
that  their  wants  may  be  satisfied  and  that  Jehovah's  bless- 
ing may  rest  upon  the  nation  which  thus  nobly  relieves 
the  needs  of  the  distressed  within  its  ranks. 

It  also  enacted  that,  when  each  Hebrew  in  the  third  Guaranteeof 
year  has  turned  over  his  tithe  to  the  Levites  and  the  other  mint  \tTi 
dependent  members  of  the  community  in  which  he  resides,  "» *3) 
he  shall  solemnly  declare  before  Jehovah  that  he  has 
delivered  the  tithe  in  full  to  those  to  whom  it  belongs, 
withholding  or  forgetting  nothing,  and  that  he  has  in 
every  respect  conformed  to  this  law. 

VII 

THE    REMISSION    OF     INTEREST     IN    CERTAIN    CASES 

(Ex.  22  :  25  ;  Dt.  23  :  19,  20 ;  Lev.  25  :  35-38) 

To-day  we  pronounce  the  Old  Testament  laws  regard- 
ing interest  impracticable,  and  point  to  the  practice  of  the 
modern  representatives  of  the  Jewish  race  as  the  proof. 
221 


No  interest 


Humanitarian  Laws  The  Messages  of 

Certainly  their  literal  application  would  be  destructive  to 
business  interests,  but  of  the  principle  underlying  them  we 
cannot  speak  so  positively.  The  financial  organization  of 
the  old  Israelitish  commonwealth  was  exceedingly  simple. 
There  were  few,  if  any,  large  business  operations.  Loans 
were  contracted,  not  in  order  to  launch  a  lucrative  enter- 
prise, but  to  save  a  man  and  his  family  from  starvation  or 
from  that  slavery  which  was  the  penalty  of  unpaid  debt. 
The  rate  of  interest  was  also  exorbitant.  In  ancient  Baby- 
lonia there  was  an  old  law  limiting  the  rate  to  20  per  cent, 
per  annum,  but  later,  in  Assyria,  25  per  cent,  was  not  un- 
usual. That  interest  was  commonly  demanded  in  ancient 
Israel  is  demonstrated  by  the  presence  of  laws  prohibiting 
it  in  certain  cases.  •  Nehemiah  did  not  deem  it  necessary 
to  apologize  because  he  and  his  friends  had  received  it  on 
loans.  The  aim  of  the  laws  is  apparently  not  to  prohibit 
it  entirely,  but  by  a  broad  statement  to  prevent  exactions 
from  those  who  were  unable  to  pay.  In  every  instance 
the  poor  and  needy  are  distinctly  mentioned  as  those  for 
whom  the  law  was  enacted.  To  exact  immediate  pay- 
ment from  the  penniless  was  equivalent,  according  to 
Hebrew  custom,  to  forcing  them  for  slight  cause  into 
what  often  proved  life-long  slavery. 

Primitive  Codes. 


from  the  (E)  Whenever  a  Hebrew  lends  money  to  a  poverty- 

S?25)  *'     stricken  fellow-Hebrew,  he  shall  not  as  a  harsh  creditor 


222 


Israel's  Lawgivers  Humanitarian  Laws 

insist  upon  an  immediate  payment  of  the  claim,  if  the  poor 
debtor  is  unable,  nor  shall  he  exact  any  interest  on  the 
loan. 

Deuteronomic  Codes. 

No  Hebrew  shall  collect  interest  of  a  fellow-Hebrew  on  No  interest 
a  loan  of  money  or  food  or  anything  which  the  debtor  may  brew (Dt.  23: 
desire  to  borrow.    For  a  loan  made  to  a  foreigner  he  may  ^9.  20) 
demand  interest, but  never  from  a  fellow-countryman.    If 
the   Hebrews  are   thus  considerate  toward  their  needy 
brethren,  Jehovah  will  prosper  their  every  undertaking. 

Priestly  Codes. 

(P**)  Whenever  a  Hebrew  loses  his  property  and  is  un-  Gratuitous 
able  to  support  himself,  his  fellow-countrymen  shall  relieve  a°e^dy  °Lev. 
his  distress  and  support  him  as  they  do  the  resident  aliens  ^s:  35-38) 
who  are  the  wards  of  the  community.     No  interest  shall 
they  exact  in  return  for  the  money  which  they  loan  and 
the   food  which  they  give  him.      Let  them  remember 
Jehovah,  who  delivered  them  in  their  time  of  dire  need 
from  Egypt,  and  who  has  given  them  all  that  they  possess 
in  the  fair  land  of  Canaan,  and  let  them  be  considerate 
toward  their  brother  in  need. 


223 


Humanitarian  Laws  The  Messages  of 

VIII 

REGULATIONS   REGARDING    THE   SEVENTH   YEAR   OF 
REST    AND    RELEASE 

Prominent  in  the  Old  Testament  legislation  are  certain 
remarkable  laws  regarding  the  observance  of  the  seventh, 
or  sabbatical,  year.  The  primary  principle  underlying 
these  regulations  seems  to  have  been  the  making  of  the 
seventh  year  one  of  rest  for  the  land,  just  as  the  seventh 
day  of  the  week  was  for  the  rest  of  man  and  beast.  In 
the  oldest  form  of  the  law  this  purpose  alone  is  empha- 
sized. Enlightened  experience  had  revealed  to  the  law- 
givers of  the  Hebrew  race  the  great  fact  that  the  land,  as 
well  as  man  and  beast,  would  yield  the  best  results  if 
allowed  a  regular  period  for  recuperation.  The  laws  were 
an  attempt  to  conform  usage  to  this  fact. 

The  special  enactments  of  Deuteronomy  deal  with  cer- 
tain exigencies  which  resulted  from  the  observance  of  this 
primitive  law.  The  rest  of  the  soil  meant  the  cessation 
of  income,  and  hence  it  was  but  just  that  the  payment  of 
loans  and  interest  on  the  same  should  also  cease  during 
the  seventh  year.  This  seems  to  be  the  real  intent  of  the 
law,  which  by  later  Jews  and  many  Christian  commenta- 
tors has  been  interpreted  to  mean  the  cancelling  of  all 
debts  on  the  seventh  year,  as  well  as  the  remission  of  in- 
terest. The  more  reasonable  interpretation  is  confirmed 
224 


IsraeVs  Lawgivers  Humanitarian  Laws 

by  the  succeeding  exhortation  to  lend  to  the  poor  suffi- 
cient for  his  need,  even  though  the  seventh  year  of  release 
is  at  hand,  during  which  it  would  be  illegal  to  demand  a 
repayment  of  the  loan.  It  is  obvious  that  if  the  loan  was 
to  be  cancelled  entirely  on  the  following  year,  it  would  be 
no  loan,  but  a  gift. 

The  Holiness  code  and  the  redactor  of  the  Primitive 
codes  introduce,  in  addition  to  the  principle  of  rest,  a 
philanthropically  communistic  motive :  the  land  is  not  to 
be  tilled  by  its  owners,  that  the  rights  of  individual  owner- 
ship may,  for  the  time  being,  be  completely  set  aside,  and 
all  members  of  the  community — master  and  slave,  rich 
and  poor,  Hebrew  and  alien,  man  and  beast ;  not  except- 
ing the  wild  animals — may  share  equally  in  that  which 
the  fields  and  vineyards  naturally  produce. 

The  authors  of  the  Primitive  and  Deuteronomic  codes 
associated  with  the  seventh  year  certain  laws  intended  to 
restrict  and  relieve  the  burdens  of  the  firmly  established 
oriental  institution  of  slavery. 

Jeremiah  34  :  8-22  contains  suggestive  and  conclusive 
evidence  that  those  in  regard  to  the  manumission  of  slaves 
on  the  seventh  year  were  not  generally  enforced — at  least 
before  the  exile.  During  the  final  siege  of  Jerusalem  by 
Nebuchadrezzar  the  citizens  of  the  city  in  their  dire  extrem- 
ity, in  order  to  win  Jehovah's  favor,  solemnly  covenanted  to 
liberate  their  slaves  in  accordance  with  the  Deuteronomic 
law.  The  siege  being  temporarily  raised,  they  at  once 
225 


Humanitarian  Laws  The  Messages  of 

forced  their  slaves  to  return  into  bondage.  In  denouncing 
their  perfidy,  Jeremiah,  after  quoting  freely  the  laws  regard- 
ing the  liberating  of  slaves,  adds  that  their  fathers  also 
failed  to  observe  these  enactments  (v.  14).  Their  failure 
to  liberate  their  fellow- Hebrews  is  declared  by  Jeremiah  to 
be  the  chief  reason  why  Jehovah  caused  his  people  to  be 
carried  away  into  exile  (vv.  17-22).  The  later  priestly 
author  of  Leviticus  26  :  34,  35  regards  the  exile  as  the  en- 
forced period  of  rest  for  the  land ;  "  even  the  rest  which 
it  had  not  in  your  sabbaths,  when  you  dwelt  in  the  land." 
The  evidence,  therefore,  is  conclusive  (compare  also 
2  Chron.  36  :  21)  that  before  the  Babylonian  exile  the 
laws  of  the  seventh  sabbatical  year  represented  ideas  to 
which  the  Hebrews  never  completely — if  at  all — attained. 
The  same  condition  continued  long  after  the  exile,  when 
the  poverty  of  the  Jerusalem  colony  made  its  observance  al- 
most impossible.  One  of  the  chief  results  of  Nehemiah's 
reformation  was  that  the  people  solemnly  covenanted  to 
•'  forego  the  seventh  year  and  the  exaction  of  every  debt " 
(Neh.  10  :  31b).  Josephus  refers  to  the  observance  of  the 
seventh  year  in  the  days  of  Alexander  the  Great ;  *  and 
in  the  age  of  the  Maccabees  '  it  appears  to  have  become  a 
regular  institution.  The  Mishna  (Shebi'ith)  states  that 
only  in  Palestine  was  the  law  of  the  seventh  year  fully 
carried  out,  but  in  Syria  also  certain  of  its  enactments 

*  Josephus,  Antiquities^  XI,  viii,  6. 

*  Ibid.,  XIII,  viu.  I :  XIV,  x,  6.    Also,  i  Mace.  6 :  49,  53. 

226 


IsraeVs  Lawgivers  Humanitarian  Laws 

were  observed  by  faithful  Jews.  Even  Tacitus  was  ac- 
quainted with  this  law  {Hist.  5  :  4).  Thus  it  would  seem 
that  it  remained,  like  many  of  the  ethical  teachings  of  the 
prophets,  for  fully  four  centuries  little  more  than  an  unre- 
alized ideal,  and  then  was  appreciated  and  applied  by  later 
Judaism. 

I,  Rest  and  Remission  of  Interest  in  the  Seventh  Year 
(Ex.  23  :  10,  II ;  Dt.  15  :  i-ii  ;  Lev.  25  : 1-7,  20-22) 

Primitive  Codes. 

(E)  For  six  years  the  land  shall  be  tilled  and  its  products  Communal 
gathered  by  those  who  own  it,  but  on  the  seventh  year  (Ex!%  :  io> 
the  fields,  the  vineyards,  and  the  olive-groves  shall  be  un-  "^ 
cultivated  and  allowed  to  rest  that  the  poor  may  share 
alike  with  the  rich  in  the  natural  products  of  the  soil,  and 
that  the  wild  beasts  may  have  what  is  left.* 

Deuteronoinic  Codes. 

The  seventh  year  shall  be  a  year  of  release,  in  which  No  interesv 
the  rights  of  a  creditor  shall  be  in  abeyance  in  the  case  ed  of  Tsr^i- 
of  a  brother-Israelite,   since  in  that  year  the  land  is  at"^^^*^^' 
rest  and  therefore  gives  to  the  owners  no  definite  income. 
No  creditor  shall  press  the  payment  of  a  loan — much  less 
interest  upon  the  same — even  though  the  debtor  does  not 
belong  to  the  poorer  classes,  which  are  exempted  entirely 
from  the  payment  of  interest.     From  a  foreigner  a  loan 
*  Cf.  p.  309. 
227 


Humanitarian  Laws  The  Messages  of 

may  be  demanded  and  the  interest  on  the  same,  since  his 
ability  to  pay  is  not  restricted  by  the  observance  of  the 
seventh  year  of  rest.    For  obvious  reasons  the  right  of  ex- 
emption is  extended  only  to  members  of  the  Hebrew  race. 
Prosperity        If  the  Spirit  of  this  law— namely,  practical  considera- 
t^h^-^Z^s)^    tion  for  the  needy — is  faithfully  observed,  Jehovah's  bless- 
ing will  bring  such  great  and  universal  prosperity  to  his 
people  that  none  shall  be  afflicted  with  poverty.     Then 
this  law,  which  is  intended  especially  to  help  and  protect 
the  poor,  will  cease  to  be  necessary.     Furthermore,  the 
Israelites  will  no  longer  be  obliged  to  borrow,  and  hence 
be  subject  to  other  people,  but  they  shall  be  the  lenders, 
and  therefore  the  masters. 
The  duty  of     Whenever  a  poor  fellow-Hebrew  appeals  to  you  for  a 
fo^the°poor    loan  to  meet  his  pressing  needs,  do  not  be  niggardly  or 
cf^  Lev.'2's :  S^'^^^g^^S  toward  him,  but  provide  him  generously  with 
35)  what  he  requires.     Even  when  the  seventh  year  of  release 

is  near,  when  you  will  have  no  income  and  the  poor  will 
share  with  you  in  the  products  of  your  fields,  guard  care- 
fully against  the  insidious  danger  of  harboring  a  selfish 
thought  within  your  heart  which  might  influence  you  to 
withhold  the  needed  favor  which  he  asks.  Grant  his  re- 
quest, that  he  may  not  have  occasion  to  call  down  Jeho- 
vah's displeasure  upon  you  because  of  your  hard-hearted- 
ness.  Let  no  burden  of  sin  rest  upon  your  soul.  Give 
liberally,  for,  if  you  so  do,  Jehovah  will  bless  you  in  every- 
thing which  you  undertake.  To  your  poverty-stricken  fel- 
228 


Israel's  Lawgivers  Humanitarian  Laws 

low-countrymen  be  generous,  for  there  will  always  be  poor 
in  the  land  who  are  in  need  and  worthy  of  your  charity. 

Priestly  Codes. 

(Pb)  For  six  years  the  land  shall  be  tilled,  but  on  the  Provision 
seventh  it  shall  enjoy  a  complete  rest.     None  of  the  nat-  leventh"ySr 
ural  products  of  the  field  or  vineyard  shall  be  gathered  by  ^^^'  =5 :  i- 
the  owners  on  the  seventh  year  into  storehouses,  but  all 
shall  be  shared  as  food  alike  by  all  members  of  the  com- 
munity, including  the  property  owners,  slaves,  hired  ser- 
vants, resident  aliens,  and  the  animals,  domestic  and  wild. 
To  meet  the  needs  of  the  people  Jehovah  will  cause  the 
land  to  produce  so  bountifully  on  the  sixth  year  that  that 
which  is  then  gathered  will  suffice  until  the  harvests  of 
the  eighth  year  can  be  reaped. 

2.  Manufnission  of  Slaves  in  the  Seventh   Year  (Ex. 
21  :  2-4;  Dt.  15  :  12-15,  ^8) 

Primitive  Codes. 

After  a  Hebrew  slave  has  served  his  master  six  years  Liberation 
he  shall  be  set  free  without  paying  anything  for  his  re-  siiveT"*** 
demption.     If  married  when  he  entered  into  the  state  of  (^^-^^^  2-4) 
bondage,  his  wife  shall  be  liberated  as  well  as  her  hus- 
band.    But  if  he  was  unmarried  when  he  became  a  slave 
and  subsequently  was  given  a  wife  by  his  master,  the 
wife,  and  all  children  resulting  from  the  marriage,  shall 
continue  to  belong  to  the  master. 
229 


15,  i8) 


Humanitarian  Laws  The  Messages  of 

Deuteronomic  Codes. 
Duties  of  a  When  at  the  end  of  six  years  every  Hebrew  slave  is 
manumitted  Set  free,  his  master  shall  not  send  him  forth  penniless  at 
il^TsV^  ■  "■  the  time,  but  shall  provide  him  liberally  with  cattle  and 
sheep,  and  with  the  products  of  his  fields  and  vines,  ac- 
cording as  he  himself  has  been  prospered.  Let  every 
Hebrew  remember  that  his  was  once  a  race  of  slaves  in 
Egypt,  delivered  thence  simply  by  Jehovah's  favor,  and  be 
considerate  toward  those  who  are  under  him  in  the  rela- 
tion of  slaves.  Grudge  not  setting  free  your  slave  at  the 
end  of  the  six  years  of  service,  for  during  that  period  by 
his  devoted  toil  he  has  done  for  you,  without  reward,  as 
much  work  as  would  have  been  done  by  two  hired  ser- 
vants to  whom  you  would  have  been  obliged  to  pay  full 
wages.* 

IX 

REGULATIONS    REGARDING     THE    OBSERVANCE    OF 
THE    FIFTIETH    YEAR    OF    JUBILEE 

Many  and  various  have  been  the  attempts  to  reconcile 
the  enactments  in  the  primitive  and  Deuteronomic  codes 
regarding  the  observance  of  the  seventh  year  and  those  of 
Leviticus  regarding  the  year  of  jubilee.     The  difficulties 

'  V.  18  continues  the  thought  of  section  12-15,  and  hence  in  the  para« 
phrase  has  been  restored  to  its  true  logical  position. 
230 


Israel's  Lawgivers  Humanitarian  Laws 

are  greatest  in  the  case  of  the  laws  relating  to  the  manu- 
mission of  slaves  :  the  former  codes  plainly  command  that 
a  slave  shall  be  set  free  after  six  years  of  service  ;  the  lat- 
ter, on  the  fiftieth  year  of  jubilee,  which  may  have  been 
one  or  forty-nine  years  after  the  date  of  enslavement. 
Each  of  the  two  codes  ignores  the  enactments  of  the 
other.  All  the  current  attempts  to  reconcile  them  are 
based  on  pure  hypotheses,  and  break  down  when  critically 
analyzed.  The  evidence  of  Jeremiah  34,  that  the  earlier 
laws,  decreeing  the  liberation  of  slaves  at  the  end  of  six 
years,  had  proved,  before  the  exile,  impracticable  because 
of  the  selfish  reluctance  of  the  Hebrews  to  ^ive  up  such 
valuable  possessions,  suggests  the  origin  of  the  enact- 
ments regarding  the  year  of  jubilee.  They  must  be  recog- 
nized as  later  and  more  conservative  endeavors  to  mitigate 
the  evils  of  slavery  by  making  the  period  of  ser\'itude 
longer.  In  compensation  for  this  concession  to  an  insti- 
tution too  deeply  intrenched  to  be  easily  overturned,  the 
later  priestly  lawgivers  established  and  defined  the  right 
of  redemption,  provided  the  Hebrew  slave  or  his  kinsmen 
could  procure  the  sum  legally  required  to  purchase  his 
freedom,  and  so  carefully  protected  the  slave  from  wrongs 
that  his  position  was  practically  that  of  a  hired  servant. 
The  family  of  a  slave  was  also  liberated  on  the  year  of 
jubilee  as  well  as  the  slave  himself — a  wise  and  benign 
provision. 

In  connection  with  the  law  of  the  year  of  jubilee  the 
231 


Humanitarian  Laws  The  Messages  of 

right  of  every  Hebrew  to  redeem  his  ancestral  possessions 
is  clearly  stated  and  defined.  Although  not  reduced  to 
an  exact  law  until  a  comparatively  late  period,  this  right 
of  redemption  was  clearly  a  very  old  custom.  Jeremiah 
refers  to  it  as  in  force  in  his  day  (Jer.  34:6-15).  That 
which  is  peculiar  to  the  law  of  the  jubilee  is  the  enact- 
ment that  all  property,  with  the  exception  of  city  houses, 
shall  revert  at  the  end  of  forty-nine  years  to  the  original 
owners  or  their  heirs.  This  certainly  is  in  many  ways 
the  most  radical  measure  among  all  the  laws  of  the  Old 
Testament  which  aim  to  secure  social  equality.  It  prac- 
tically does  away  with  the  absolute  ownership  of  land, 
and  assumes  its  ownership  by  the  community,  which  re- 
tains the  right  of  leasing  it  again  to  tenants  at  the  end  of 
forty-nine  years.  Obviously  it  anticipates  certain  of  the 
most  advanced  socialistic  propaganda  of  to-day.  The 
principle,  however,  of  which  this  law  was  an  extreme  ex- 
pression was  not  entirely  new  to  antiquity  or  to  the  Is- 
raelites. Among  several  ancient  peoples  the  communal 
ownership  of  land  was  a  fixed  institution.^  The  Dalma- 
tians, for  example,  redistributed  their  land,  according  to 
Strabo,  every  eight  years.  Many  Aryan  peoples  periodi- 
cally reassigned  their  lands  among  the  heads  of  families. 
Among  certain  village  communities  of  Russia  the  usage 
still  obtains.  The  property  of  many  Arab  tribes  of  the 
past  as  well  as  the  present  was  held  in  common.  Emerg- 

*  Maine,  Village  Communities,  pp.  8i  f. 
232 


Israels  Lawgivers  Humanitarian  Laws 

ing  originally  from  that  desert  life,  the  Israelites  were, 
therefore,  familiar  from  the  first  with  the  idea  of  common 
ownership  of  property.  The  provision  for  the  sharing  of 
the  natural  products  of  the  ground  in  common  by  all 
members  of  the  community  in  the  seventh  year  of  rest  is 
probably  a  reflection  of  that  early  idea.  Possibly  the  law 
in  regard  to  the  gleanings  belongs  to  the  same  class.  The 
law  of  the  year  of  jubilee  attempts,  therefore,  to  correct 
social  evils  by  reasserting  and  reapplying  an  old  principle 
which  had  fallen  into  abeyance. 

In  the  small  Jewish  community  which  began  life  anew 
in  Palestine  after  the  destruction  of  Jerusalem  by  Nebu- 
chadrezzar this  law  was  not  necessarily  impracticable. 
The  detail  with  which  it  is  developed  by  the  priestly  legis- 
lators is  conclusive  evidence  that  they  did  not  consider 
that  they  were  promulgating  merely  a  theoretical  law.  If 
it  had  been  applied  in  the  spirit  in  which  it  was  written, 
the  character  as  well  as  the  history  of  the  post-exilic  com- 
munity would  probably  have  been  far  different  from  what 
they  actually  proved.  That  it  was  not  observed  after  the 
exile  appears  to  be  conclusively  demonstrated.  It  repre- 
sents, therefore,  an  ideal  which  the  majority  of  the  race 
never  realized,  but  which  could  not  have  failed  to  influence 
the  nobler  and  more  responsive  souls  in  Israel. 


233 


1  Be  gtnt 
law  (Lev.  25 


Humanitarian  Laws  T/te  Messages  of 

I.  Restoration  of  Property  in  the  Year  of  Jubilee  (Lev. 
25:10b,  1 3-1$,  23-28) 

Priestly  Codes. 
(P*)  In  the  year  of  jubilee  every  Israelite  shall  enter  again 
K^^ivis)*'  ^^^^  possession  of  his  ancestral  lands.  All  sales  of  property 
shall  be  made  with  a  view  to  its  reversion  to  the  original  owner 
in  the  fiftieth  year,  so  that,  for  example,  a  man  buying  a  piece 
of  land  shall  only  pay  an  equivalent  for  the  crops  which  it  will 
bear  before  the  year  of  jubilee. 

Priestly  Codes. 
Redemption      (P*»)  No  land  shall  be  sold  in  perpetuity,  but  in  every  case 
as'^a'' 24)^  the  original  owners  shall  have  the  right,  if  they  have  the 

available  wealth,  of  buying  back  their  ancestral  estates. 

Jehovah,  the   Lord  of  the  whole  earth,   whose  tenants  the 

Israelites  are,  reserves  this  right.* 

Basis  of  the  (P**)  ^^  ***  Israelite  is  compelled  by  poverty  to  sell  a 
(llv°??"  portion  of  his  ancestral  estate,  it  shall  be  the  duty  of  his 
a5-a8)  kinsmeu  to  redeem  it.     If  there  is  no  relative  to  redeem  it, 

and  the  man  later  acquires  sufficient  means,  he  may  himself 
redeem  it  by  paying  to  the  one  who  purchased  it  a  sum  equiva- 
lent to  the  rent  for  the  years  remaining  until  the  year  of 
jubilee;  otherwise  it  shall  remain  in  the  possession  of  the 
purchaser  until  the  year  of  jubilee,  when  it  shall  revert  to  him. 

>  For  certain  limitations  regarding  property  in  walled  cities,  found  in  Lev. 
a5:a9-34,  cf.  p.  155- 


Israel's  Lawgivers  Humanitarian  Laws 

2.  Manumission  of  Slaves  in  the  Year  of  fubilee  (Lev. 

25  :  10*,  39M2,  47-52.  54) 
Priestly  Codes. 

(Pb)  The  fiftieth  shall  be  a  year  of  universal  release.  General 
An  Israelite  who  sells  himself  to  one  of  his  race  shall  ser\^e  [lcv?  as" 
until  the  fiftieth  year  of  jubilee,  and  then  he  and  his  chil- '°''  39N») 
dren  shall  be  given  their  freedom,  and  shall  be  allowed  to 
return  to  their  family  and  to  their  ancestral  estates,  for  the 
Israelites  belong  to  Jehovah,  who  ransomed  them  from 
the  bondage  of  Egypt  and  will  not  allow  them  again  to  be 
brought  into  slavery.* 


THE  RIGHTS  AND  TREATMENT  OF  RESIDENT  ALIENS 

(Ex.  12  :  49  ;  22:21;  23  :  9,  12  ;  Dt.  I  :  16 ;  10  : 
I8^I9;  14:  29;  t6:  11,14;  24:  14,  17*  19-21; 
26  :  11-13  ;  27  :  19  ;  Lev.  19  :  10,  34 ;  24  :  22  ; 
Num.  9  :  14;  15  :  15,  16,  29,  30) 

The  attitude  of  ancient  peoples  toward  foreigners  was 
usually  hostile.  Ordinarily  an  alien  was  regarded  as  an 
enemy.   Even  the  cultured  Greeks  classified  all  foreigners 

>  For  law  of  Lev.  25 :  47-52,  54  regarding  redemption  and  manumission  of 
Israelites  sold  to  aliens,  c£.  p.  125. 


Humanitarian  Laws  The  Messages  of 

I 

as  barbarians.  In  the  Semitic  worid,  where  blood-kinship 
— real  or  theoretical — was  the  chief  bond  holding  together 
society,  the  lot  of  the  one  who  was  beyond  the  protection 
of  his  tribe  or  people  was  pitiable  and  desperate.  He  was 
the  prey  of  every  man,  and  none  would  champion  his 
cause  or  avenge  injuries  done  to  him.  Consequently  the 
temptation  to  wrong  and  oppress  him  was  strong.  Al- 
though he  would  hasten  to  place  himself  under  the  pro- 
tection of  the  tribe  or  a  strong  chieftain,  it  was  impossible 
for  him  to  forget  or  conceal  the  fact  that  he  was  of  alien 
blood.  Consequently  there  was  great  need  that  the  law- 
givers, inspired  by  their  broad  love  for  humanity,  should 
protect  him  with  their  injunctions.  This  they  endeavored 
faithfully  to  do.  Seventy  different  enactments — several  of 
which  are  duplicates — were  devoted  to  guarding  the  in- 
terests of  the  unprotected  aliens.  In  these  laws  (already 
fully  classified,  pp.  128-134),  which  culminate  in  the  com- 
mand that  the  Israelites  love  the  resident  aliens  as  they  do 
their  own  kinsmen,  the  humanitarian  element  in  the  Old 
Testament  finds  almost  its  highest  expression. 

Deuteronomic  Codes. 

Love  toward  As  Jehovah  shows  his  love  toward  the  resident  alien  by 
(Dt.*iori8fc,  providing  him  with  food  and  clothing,  so  also  the  Israel- 
'9)  ites  should  love  the  foreigners  dwelling  in  their  midst, 

for  like  them  they  were  once  defenceless  strangers  in 

Egypt. 

236 


Israels  Lawgivers  Humanitarian  Laws 

Priestly  Codes. 

(Pb)  The  Israelites  shall  treat  the  foreigners  dwelling  in  Kindness 
their  midst  with  the  same  tender  consideration  as  they  ff^v  °i7: 34) 
show  to  those  born  in  their  own  homes.     They  shall  love 
them  as  they  do  themselves,  making  the  interests  of  the 
resident  aliens  their  own,  ever  remembering  that  they  were 
once  sojourners  in  the  land  of  Egypt. 

(P)  Resident  aliens  shall  be  subject  to  the  same  laws,  One  law  for 
and  shall  enjoy  exacdy  the  same  rights  and  privileges,  as^^/Ley"* 
the  native  Israelites.  Numfo':  14 ; 

29, 30) 
XI 

THE  OLD  TESTAMENT  LAW  OF  LOVE  (Ex.  23  !  4, 

5  ;  Lev.  19  :  17,  18) 

Primitive  Codes. 

(E)  If  a  man  find  a  stray  ox  or  ass  belonging  to  his  Do  unto 
enemy,  he  shall  surely  resist  the  temptation  to  be  avenged  ^youwoufd 
upon  his  foe,  and  shall  return  the  animal  at  once  to  its  ^*^*  ^^^  *^° 

^  unto  you 

owner.     Likewise,  if  he  finds  one  who  hates  him  in  need  (Ex.  23 :  44, 
of  help,  he  must  overcome  his  impulse  to  stand  aloof  and 
must  unhesitatingly  give  to  his  foe  the  needed  aid. 

Priestly  Codes. 

(Ph)  A  man  shall  not  cherish  hatred  in  his  heart  against 
his  neighbor.     Let  no  one  sin  by  neglecting  to  perform  a 

237 


Humanitarian  Laws 

Love  thy  kindly  office  for  a  brother-man.  Let  him  not  seek  to  be 
?hy1elf°'^  **  revenged  for  a  wrong  nor  bear  any  grudge  against  a  fel- 
isf ^*  ^^  ■  ^^'  low-countryman.     Rather  let  him  love  his  neighbor  as 

himself,  and  thereby  prove  himself  a  true  son  of  the  divine 

Father  of  Love. 


.38 


RELIGIOUS  LAWS 


RELIGIOUS   LAWS 


THE    PROPHETIC    ELEMENT    IN    THE    LAW 

Although  in  the  eyes  of  later  Judaism  the  law  was 
esteemed  far  more  highly  than  prophecy,  in  its  origin  Is- 
raelitish  legislation  represents  the  translation  of  the  teach- 
ings of  the  prophets  into  the  terms  of  daily  life  and 
ritual.  Thus  the  lawgivers,  like  the  sages,  in  their  charac- 
teristic way  interpreted  to  the  masses  the  exalted  princi- 
ples of  their  prophetic  colleagues  to  whom  is  traceable 
that  which  is  fundamentally  new  and  unique  in  each  suc- 
cessive code.  Ordinarily  the  translation  is  so  complete 
that  there  is  little  trace  of  the  original  prophetic  form  of 
expression.  Often  in  the  later  codes  the  original  prophetic 
principle  is  almost  completely  obscured  by  the  mass  of 
ceremonial  detail ;  but  in  certain  of  the  laws,  especially 
in  the  Deuteronomic,  where  the  influence  of  the  prophets  is 
most  patent,  their  characteristic  language  as  well  as  ideas 
appear.  These  commands  are  exactly  paralleled  by  many 
passages  in  the  sermons  of  Amos,  Hosea,  Isaiah,  and 
Jeremiah.  The  emphasis  is  laid  not  upon  ritual  observ- 
241 


Religious  Laws  The  Messages  of 

ance,  but  upon  acts  and  attitude  toward  God.  The  ap- 
peal is  to  the  conscience  of  the  nation  and  individual. 
They  are  really  exhortations  rather  than  enactments  which 
can  be  enforced  by  society.  Jehovah  alone  will  punish 
non-compliance.  These  laws  constitute  a  prophetic  strand 
which  runs  through  all  the  codes,  furnishing  the  most 
obvious  evidence  of  the  direct  and  powerful  influence  of  the 
prophets  upon  the  work  of  the  lawgivers.  In  slightly 
varying  form  the  same  obligation  is  repeatedly  empha- 
sized. Thus  twenty-one  commands  or  exhortations  to 
keep  the  law  are  found,  fourteen  to  fear  Jehovah,  and  ten 
or  more  insisting  upon  Israel's  obligation  to  be  a  holy 
nation.  These  laws  are  classified  as  religious,  to  distin- 
guish them  from  the  other  groups,  because  they  are  con- 
cerned primarily  with  the  personal  relation  betwen  Jehovah 
and  his  people,  and  therefore  treat  the  most  fundamental 
problem  of  religion.  They  are  here  subdivided  according 
as  they  emphasize  the  obligations  of  the  people  collectively, 
or  as  individuals,  although  the  distinction  is  not  always 
strictly  maintained  in  the  different  laws. 


242 


IsraeVs  Lawgivers  Religious  Laws 

II 

Israel's  obligation  as  a  nation   to  jehovah 

1.  To  Abstain  from  Apostasy  and  Idolatry  (Ex.  34  :  14- 
17;  20: 1-5,  22,  23;  Dt.  5  :7-io;  6: 14,  15;  27: 15  ;  Lev. 
26:1) 

Primitive,  Deuteronomic  and  Priestly  Codes. 

Jehovah  deserves  and  demands  the  loyal  worship  of  his  Loyal  wor- 
people.     Therefore  let  no  Israelite  prove  a  traitor  to  him  iboUJ^:  also 
by  paying  homage  to  any  other  god  or  by  making  or  wor-  pp*  ^'^'^^^ 
shipping  an  image. 

2.  To  Abstain  from  Heathen  Rites  (Dt.  18  :  9;  12  :  29- 

31  ;  14  :  I,  2;  Lev.  18  13  ;  20  :  23 ;  19:  27,  28) 

Deuteronomic  and  Priestly  Codes. 

Let  no  Israelite  imitate  the  religious  customs  of  the  ear-  No  heathen 
lier  inhabitants  of  Canaan  or  of  their  neighbors,  especially  be  tolerated 
in  sacrificing  their  children  to  the  gods  and  in  disfiguring  i^sop^^i- 
themselves  in  honor  of  heathen  deities  or  to  show  their  73) 
grief  for  the  dead. 

3.  To  Abolish  Heathen  Shrines  and  Symbols  (Ex.  34 :  12, 

13;  23  :24;  Dt.  12:  2,  3;  7:  5,  25) 

Primitive  and  Deuteronomic  Codes. 

All  the  ancient  shrines  on  the  tops  of  hills  and  moun- 
tains and  beneath  the  sacred  trees,  where  the  older  in- 
243 


Religious  Laws  The  Messages  of 

Complete  habitants  of  the  land  worshipped  their  gods,  shall  be 
ofaii"S°"  destroyed;  and  all  the  paraphernalia  of  their  degrading 
Se'aSdent  ^^^^s,  the  altars,  the  obscene  pillars,  the  sacred  poles,  an^ 
c^t  (c'«  the  images  of  their  gods  shall  be  overthrown  and  burnt 
with  fire,  that  they  may  not  continue  to  lead  the  people 
away  from  the  pure  and  simple  worship  of  Jehovah. 

4.   To  Preserve  the  Law  in  its  Integrity  (Dt  4  :  2) 
Deuteronomic  Codes. 

Nomodifica-  (Ds)  As  Israel's  laws  are  revealed  through  Jehovah's  faithful 
law(cf.'  ^  representative,  so  shall  they  be  preserved  without  unauthorized 
above)  additions ;  nor  shall  any  of  their  provisions  be  set  aside  or 

neutralized. 

5.  To  Study  and  Remember  the  Law  (Dt.  4  : 9-14  ;  6:6, 

7;  11:18'') 

Deuteronomic  Codes. 

Constant  (D^)  Let  the  whole  nation  devote  itself  constantly  to  the  study 

lawfcf.  *  ^^  ^^  principles  of  the  law  that  they  may  become  indelibly 
above)  impressed  upon  the  memory  of  the  race  and  be  an  ever-present 

guide  and  inspiration  to  right  action. 

6.  To  Wear  Constant  Reminders  of  the  Law  (Dt.  6  :  8, 

9;  II  :  18^-20;  22  :  12  ;  Num.  15  :  37-41) 

Deuteronomic  and  Priestly  Codes. 

Reminders  of  the  fundamental  principles  of  Israel's  re- 
ligion should  at  all  times  be  kept  before  the  eyes  of  the 
244 


IsraeVs  Lawgivers  Religious  Laws 

people.'     On  the  corners  of  the  mantle,  worn  by  every  Symbols  to 
Israelite,  shall  be  found  tassels,  fastened  by  twisted  cords  SeUte^of 
of  blue,  which  shall  constantly  recall  to  the  mind  of  the  ^^^^ j?*  ^*^^* 
wearer  the  commands  of  Jehovah  and  of  his  sacred  obli- 
gations to  follow  them,  thus  deterring  him  from  yielding 
to  temptation. 

7.  To  Follow  Faithfully  the  Commands  of  the  Law  (Dt. 
5:  I.  32,  33;  6:  3%  17;  7:11.  12;  8:  I,  11-14;  10:  12, 
13;  II  :  I,  8,  9,  32;  26:16,  I7;4:5,  6;  27  :  10,  26;  30: 
15,  16  ;  Lev.  18  :  4,  5,  26  ;  19  :  I9^  37  ;  20  :  8,  22) 

Deuteronomic  and  Priestly  Codes. 

If  the  people  of  Jehovah  would  enjoy  prosperity,  a  long  The  duty 
life  as  a  nation,  and  the  realization  of  the  many  promises  oJ  obedience 
vouchsafed  to  them,  let  them  faithfully  adhere  to  all  the  ^<=^-  *^^®> 
commands  and  regulations  laid  down  by  God  in  their  law. 

*  The  command  to  bind  the  words,  "for  a  sign  upon  thine  hand,  and 
they  shall  be  for  frontlets  between  thine  eyes,"  may  originally  have  been 
intended  to  be  interpreted  literally,  as  it  was  by  the  later  Jews,  who  en- 
closed written  extracts  from  the  law  in  leather  cases  and  bound  them  to 
their  left  arms  and  foreheads.  These  were  the  phylacteries  referred  to  in 
the  New  Testament.  The  custom  of  writing  lucky  sentences  over  the  en- 
trance to  a  building  was  common  among  the  ancient  Egyptians,  and  is  still 
in  vogue  among  the  Arabs  to-day  (cf.  Driver,  Deuteroiwmy,  p.  93). 


245 


Religious  Laws  The  Messages  of 


8.  To  Make  no  Alliances  with  the  Inhabitants  of  Canaan 

(Ex.  34:12,  13,  15,  16;  23:31-33;  Dt.  7:1-4) 

Primitive  and  Deuteronomic  Codes. 

No  alliances      Let  the  Israelites  make  no  alliances  with  the  inhabitants 
Canalnttish  ^f  Canaan,  either  by  treaty  or  by  intermarriage,  lest  they 
(cT above)    ^^  influenced  thereby  to  worship  the  gods  of  their  allies 
and  thus  prove  unfaithful  to  Jehovah. 

9.  To  Be  a  Holy  Nation  (Ex.  22  :  31^ ;  19:  6 ;  Dt.  7  ;6; 
14:2,  21'=;  18  :  13;  26: 16-19;  28  :9,  10;  Lev.  18  :  24, 
25;  19:2;  20:26) 

Primitive,  Deuteronomic  and  Priestly  Codes. 
The  conse-        The  Israelites  are  called  by  Jehovah  to  be  a  nation  of 
bSsldorTof  priests,  morally  and  ceremonially   clean,  worthy  of  the 
?cf°abwe)    P"^^^  ^"^  exalted   God  whose   representatives  they  are 

before  all  other  members  of  the  human  family. 


246 


Israel's  Lawgivers  Religious  Laws 

III 

PERSONAL   OBLIGATIONS   TO   JEHOVAH 

I.  Reverence  (Deut.  4  :  lo ;  5  :  29 ;  6  :  2,  13,  24;  8  ;  6; 

10:12,  20;  13  : 4;  14:23;  17  :  19;  31  '-  12, 13;  Lev. 

19 :  32^) 
Deuteronomic  and  Priestly  Codes. 

The  attitude  of  every  Israelite  toward  Jehovah  the  Cre- The  "fear 
ator  and  absolute  Ruler  of  the  universe  should  be  that  of  Jhe  basis  of 
genuine  reverence  and  piety,  so  that  the  supreme  aim  of  /cf.^tJJjy^) 
each  man  shall  be  to  realize  in  life  and  act  the  will  of  his 
divine  King  and  Father. 

2.  Gratitude  (Dt.  6  :  10-12  ;  8  :  10-19) 
Deuteronoinic  Codes. 

Let  the  Israelites  never  forget  that  all  their  prosperity  Unceasing 
and  the  achievements  of  their  national  and  individual  ex-  Jo^theVeat 
perience  are  Jehovah's  gifts,  nor  cease  to  ascribe  to  him  fcTTwe?^ 
all  praise  for  what  they  have  and  are. 

3.  Loyalty  (Ex.  34  :  14 ;  23  :  13 ;  Dt.  5  :  6,  7) 
Primitive  and  Deuteronomic  Codes. 

Jehovah  demands  nothing  less  than  the  complete  wor-  Undivided 
ship  and  allegiance  of  his  people,  therefore  let  every  Israel-  (cf!^above) 
ite  give  these  to  him  in  fullest  measure. 

247  * 


Religious  Laws 

4.  Obedience  (Dt.  6  :  17,  18 ;  10  :  16;  30  :  8-10) 

Deuteronomic  Codes. 

God's  ap.         Only  by  a  ready  and  faithful  response  to  the  demands 
cured  onTy    of  Jchovah,  as  revealed  in  his  laws,  can  his  people  dis- 
(cf°aboveT^  charge  their  obligations  to  him  and  win  his  favor  and  the 
rich  blessings  which  he  has  promised. 


Love  the 
supreme 
bond  be- 
tween man 
and  God 
(cf.  above) 


5.  Love  (Dt.  6:4,  5 ;  10  :  12,  13  ;  11:1,  13-15 ;  30  :  15, 
16,  19,  20) 

Deuteronoinic  Codes. 

Jehovah  requires  more  than  formal  service  and  outward 
act ;  he  desires  in  the  heart  of  every  worshipper  a  love 
for  him  which  shall  dominate  the  entire  being  and  life  and 
prove  ever  responsive  to  the  infinite  love  which  he  him- 
self feels  for  each  one  of  his  children. 


6.  Service  (Ex.  23  :  25  :  Dt.  6  :  13  ;  10  :  12,  20;  11  :  13- 
15;  Lev.  25:55) 

Primitive,  Deuteronomic  and  Priestly  Codes. 

Service  the  In  the  acts  of  public  devotion  and  in  the  faithful  dis- 
ieH^ion^  ^"^"^  charge  of  all  religious  duties,^  reverence  and  love  toward 
(cf.  above)    Qq^j  f^^d  their  true  expression. 

'  Originally  and  ordinarily  the  word  translated  "  serve  "  referred  to  for- 
mal acts  of  worship  :  but  its  use  in  connection  with  the  commands  to  revere 
and  love  Jehovah,  and  in  passages  more  prophetical  than  priestly  in  spirit 
indicates  that  it  also  had  a  wider  content. 

«  248 


CEREMONIAL  LAWS 


CEREMONIAL  LAWS 


THE    DEVELOPMENT     OF     CEREMONIAL     LAWS     AND 
INSTITUTIONS 

Israel's  earliest  code  (Ex.  34  :  10-26)  emphasizes  cere- 
monial rather  than  moral  duties.  Repeated  references  in 
the  prophets  indicate  that  the  majority  of  their  contempo- 
raries continued  to  believe  that  the  chief  demand  which 
Jehovah  made  upon  them  was  to  bring  to  him  sacrifices 
and  to  observe  certain  religious  rites  (Am.  4  14,  5  ;  5  :  21- 
25;  Mi.  6  :6-8;  Is.  i  :  10-17).  This  deep-seated  fallacy 
was  one  of  the  greatest  obstacles  which  thwarted  the  proph- 
ets and  sages  in  their  devoted  efforts  to  inculcate  the  les- 
sons of  social  and  personal  righteousness.  The  tendency 
in  most,  if  not  all  ancient  religions,  was  constantly  to- 
ward greater  ceremonialism.  Those  of  Egypt,  Babylonia, 
Phoenicia  and  Persia  are  conspicuous  illustrations.  In 
Israel  also,  as  in  Egypt  and  Phoenicia,  the  priests  in  the 
end  became  so  powerful  that  they  absorbed  all  political, 
as  well  as  religious  authority.  The  Old  Testament  laws 
are  a  graphic  record  of  that  movement  which  culminated 
251 


Ceremonial  Laws  The  Messages  of 

in  the  hierarchy  and  the  highly  developed  ceremonial  in- 
stitutions of  later  Judaism.  The  majority  of  the  laws  of 
the  Primitive  and  Deuteronomic  codes,  representing  as 
they  do  the  period  when  the  monarchy  was  in  existence 
and  the  influence  of  the  prophets  in  the  ascendency,  em- 
phasize primarily  civic,  social,  moral,  humanitarian  and 
religious  duties.  Ceremonial  institutions  receive  only  sec- 
ondary attention.  This  is  undoubtedly  due  in  part  to  the 
fact  that  all  the  pre-exilic  legislation  found  in  the  Bible 
is  from  the  pen  of  prophetic  editors  and  authors.  Nev- 
ertheless ceremonial  usages  and  possibly  corresponding 
written  laws  were  developing  during  this  period. 

The  Babylonian  exile,  however,  and  the  peculiar  con- 
ditions and  influences  which  grew  out  of  it  accelerated 
this  tendency  (cf.  pp.  37,  38)  in  a  remarkable  degree.  More 
than  three-fourths  of  the  regulations  found  in  the  Priestly 
codes  are  ceremonial.  Except  in  the  development  of  the 
laws  of  the  fiftieth  year  of  jubilee,  these  latter  codes  add 
little  to  the  criminal  and  civil  legislation  of  the  earlier 
systems.  It  is  also  significant  that  the  Holiness  code, 
which  stands  nearest  to  the  pre-exilic  period  and  reflects 
most  of  its  life,  contains  far  more  secular  laws  than  do 
the  latest  Priestly  codes,  which  deal  with  little  else  than 
the  ritual.  The  same  ritualistic  tendency,  exaggerated  to 
an  absurd  degree,  can  be  traced  still  further  in  the  oral 
law  of  later  Judaism.  At  last  the  law  became  a  burden 
which  rested  heavily  upon  the  shoulders  of  the  nation 
252 


Israel's  Lawgivers  Ceremonial  Laws 

instead  of  being  that  aid  and  inspiration  on  the  way  to 
righteousness  and  true  happiness  which  it  certainly  was 
during  the  earlier  period. 


II 

SACRED    PLACES   AND   OBJECTS 
I.  Pre-Exilic  Shrines 

The  traditions  of  Israel's  earliest  ceremonial  religious 
life  centre  about  the  ark.  Arks  appear  to  have  been  in 
use  among  many  primitive  peoples.  The  ancient  mon- 
uments frequently  represent  processions  among  the  Baby- 
lonians and  Egyptians  in  which  the  images  of  the  gods 
are  being  borne  in  solemn  state  in  arks  or  coffers.  They 
are  also  referred  to  in  the  inscriptions.  They  seem  to 
have  been  known  to  the  Canaanites  and  Phoenicians. 
The  ark  or  coffer  evidently  came  into  use  to  meet  a  need 
which  ancient  peoples  felt  for  something  in  which  to  trans- 
port the  images  of  their  gods.  It  is  not  confined  to  Se- 
mitic peoples.  The  Hindoos  and  certain  religious  sects 
among  the  Japanese,  for  example,  still  employ  them. 
Therefore  that  the  Hebrews  inherited  this  institution  from 
their  ancestors,  when  the  latter  were  still  worshippers  of 
many  gods,  or  else  received  it  from  their  polytheistic  neigh- 
bors, seems  obvious. 

253 


Ceremonial  Laws  The  Messages  of 

The  oldest  name  for  it  seems  to  have  been  "  ark  of 
God  "  or  "  ark  of  Jehovah."  *  This  indicates  that,  like  the 
temple  of  Jehovah,  it  was  thought  of  originally  as  bein^ 
the  especial  dwelling-place  of  the  deity.  The  sanctity 
associated  with  it  in  the  earliest  historical  periods  confirms 
this  conclusion.  In  the  later  times,  when  the  conception 
of  Jehovah  as  a  God  of  spirit  not  limited  to  one  place 
became  common,  the  title  "  ark  of  the  covenant  of  Je- 
hovah," that  is  the  ark  where  the  law  defining  Jehovah's 
covenant  was  kept,  came  into  general  use.  This  was 
the  name  employed  by  the  Deuteronomic  writers ;  while 
the  later  Priestly  codes  employ  the  corresponding  term, 
"  ark  of  the  testimony  "  or  "  of  the  publicly  delivered  ordi- 
nances." It  is  also  significant  that  the  laws  command- 
ing that  the  tablets  containing  the  ten  words  be  placed 
in  the  ark,  as  well  as  a  copy  of  the  law,  appear  first  in 
the  additions  to  the  Deuteronomic  codes.  The  belief, 
therefore,  that  it  was  the  repository  of  a  copy  of  the  law 
cannot  be  definitely  traced  before  the  later  days  of  the 
Judean  kingdom,'  and  first  finds  full  expression  in  the 
exile,  after  the  ark  had  disappeared.  In  the  light  of  the 
analogies  among  other  Semitic  peoples,  it  has  been  sug- 

»  Cf.  Encyc.  Bib.,  article  "  Ark."  The  fuller  title  "  ark  of  Jehovah  of 
Hosts  "  is  also  used.     Cf.  in  addition  i  S.  4  :  4  ;  2  S.  6  :  2. 

'  The  references  in  the  earliest  prophetic  traditions  are  obscure  and  show 
the  influence  of  later  editorship.  The  silence  of  the  Books  of  Samuel  re- 
garding the  contents  of  the  ark  is  also  significant 


Israel's  Lawgivers  Ceremonial  Laws 

gested  *  that  the  basis  of  the  later  tradition  was  the  fact 
that  the  ark  originally  contained  one  or  two  sacred  stones, 
like  the  two  black  and  white  stones  built  into  the  Ka'ba 
at  Mecca ;  and  that  these,  although  inherited  from  a  very 
primitive  stage  in  the  religious  history  of  the  race,  were 
in  time  regarded  as  being  exceedingly  holy  and  represent- 
ative of  Jehovah.  This  theory  at  least  explains,  in  har- 
mony with  Semitic  thought,  the  reputation  for  extreme 
sanctity  and  potency  to  insure  victory  in  battle  which  it 
enjoyed  in  the  early  period. 

The  primitive  law  in  regard  to  altars  contains  an 
indication  of  their  original  significance.  Although  not 
understanding  the  historical  reason,  the  lawgiver  enacts 
that  no  cutting  instruments  shall  be  used  in  the  construc- 
tion of  a  stone  altar.  The  custom  apparently  survives 
from  the  early  stage,  when  primitive  man  believed  that 
the  sacred  stone,  upon  which  he  placed  his  offering,  con- 
tained the  deity.  The  horns  of  the  altar  may  originally 
have  symbolized  the  strength  of  the  god.  The  law  also 
implies  the  existence  of  many  altars,  public  and  private, 
scattered  in  the  early  days  throughout  the  land  of  Canaan. 
As  in  the  other  pre-Deuteronomic  writings,  there  is  no 
hint  that  the  multiplicity  of  altars  and  high  places  is  not 
pleasing  to  Jehovah ;  rather  they  are  tacitly  sanctioned* 
Not  until  the  great  wave  of  heathenism  swept  over  Judah 

»  Vatke,  Die  Ril.  des  A.T.  321;  Benzinger,  Hebr.  Arch.  370;  Encyc 
Bib.  i.  307. 


Ceremonial  Laws  The  Messages  of 

during  the  reign  of  Manasseh  and  not  until  a  more  exalted 
conception  of  Jehovah's  majesty  and  holiness  was  im- 
pressed upon  the  mind  of  the  prophets,  did  the  movement 
to  abolish  the  high  places  and  to  centralize  the  ceremo- 
nial religious  life  of  the  nation  in  Jerusalem  begin.  One 
of  the  most  powerful  motives  which  pronipted  this  was 
the  recognition  that  in  the  sanctuaries,  about  which  gath- 
ered the  heathen  customs  and  traditions  of  centuries,  it 
would  never  be  possible  to  instil  into  the  minds  of  the 
people  the  revolutionizing  prophetic  teachings  regarding 
Jehovah  and  his  demands.  Ajt  Jerusalem,  however,  under 
the  direct  guidance  of  the  most  progressive  religious  lead- 
ers of  the  nation,  the  conditions  were  more  favorable. 
Worship  at  many  local  shrines  also  perpetuated  the  mem- 
ory of  the  different  gods  there  revered  ;  while  the  central- 
ization of  the  religious  life  at  Jerusalem  emphasized  the 
fact  that  one  supreme  God  commanded  the  entire  loyalty 
of  the  race.  The  comparatively  limited  territory  of  Judah 
made  such  a  centralization  possible  and  practicable.  The 
revolution,  however,  involved  such  sweeping  changes  that 
it  was  not  complete  until  the  Babylonian  exile  and  several 
centuries  of  painful  national  experience  had  exercised  their 
transforming  influences  upon  the  m'ind  of  the  race. 


356 


IsraeVs  Lawgivers  Ceremonial  Laws 


(I)  The  Ark  (Num.    1:33-36;   Josh.   3:6,   7,    13,   14;   Dt. 
10:1-5;  31:24-26;   Ex.  25:10-22;  Num.  3:31;  4:4-6) 

Primitive  Codes. 

During  the  wilderness  wandering  and  on  their  entrance  Symbol  of 

into  Canaan  the  ark,  as  the  symbol  of  Jehovah's  presence,  presence^ 

protecting  and  leading  his  people,  was  borne  before  the  <^^"^:  j";,^^ 

Israelites.  3  =  6-7, 13, 

14) 

Deuteronomic  Codes. 

(Ds)  The  tradition  is  that  Moses  inscribed  the  ten  command-  Reputed  to 
ments  upon  stone  tablets  and  at  the  divine  command  placed  tained°he 
them  in  the  ark ;   also  that  he  wrote  all  the  laws  of  the  Deuter-  law(Dt.  10: 
onomic  law  in  a  book  and  caused  the  Levites  to  put   it  in  the  24-i26) 
ark  that  it  might  thus  be  preserved  as  an  abiding  record  of 
Jehovah's  demands  upon  his  people. 

Priestly  Codes. 

(P)  According  to  the  divine  command  the  ark  was  to  be  Detailed 
made  of  acacia  wood,  in  shape  oblong— four  feet  long  by^Jx^^^Ti'i 
two  and  one-fourth  in  width  and  depth — overlaid  within  "^ 
and  without  with  gold.     Its  lid  also  was  provided  with  a 
projecting  rim  of  gold,  and  covered  with  a  heavy  plate  of 
the   same  costly  metal.     Poles,  overlaid   with   gold,  ran 
through  golden  rings,  two  attached  to  opposite  sides  of 
the  ark,  to  facilitate  its  transportation.     Above  the  ark  at 

*  This  is  found  in  connection  with  the  description  of  the  tabernacle. 


Ceremonial  Laws  The  Messages  of 

each  end  rose  two  golden  cherubim,  facing  each  other 
with  wings  outspread,  covering  the  sacred  place  where 
Jehovah  promised  to  impart  to  Moses  the  commands 
which  he  was  in  turn  to  communicate  to  the  Israelites. 

The  care  of  (P^)  To  the  Kohathites  was  entrusted  the  care  of  the  ark. 
(Num.  3 :  31,  Whenever  it  was  to  be  moved,  however,  the  priests  were  first 
4  '•  4-6)  to  cover  it  with  the  veil  of  the  screen,  then  with  a  sealskin 

wrapping,  and  finally  with  a  blue  cloth.  They  were  also  to 
put  in  the  poles  before  the  Kohathites  were  allowed  to  ap- 
proach and  bear  it  away. 

(2)  Ancient  Altars  and  Places  of   Sacrifice  (Ex.   20 :  24-26 ; 
Dt.  27:5-7) 

Primitive  Codes. 
Many  altars      (E)  In  every  place  hallowed  by  the  memory  of  some 
the°i2id°"^   revelation  of  Jehovah,  the  Israelites  may  rear  an  earthen 
^^^,'iV^r.  ^^'^'^y  and  thither  bring  and  offer  their  animal  sacrifices, 
5-7)  assured  of  the  divine  presence  and  blessing.     If  the  altar 

be  made  of  stone,  none  of  the  material  employed  in  its 
construction  shall  be  desecrated  by  contact  with  cutting 
instruments.  Of  unhewn  stone  shall  it  be  made  and  pro- 
vided with  an  incline  leading  up  to  it ;  but  no  steps  shall 
be  used,  lest  with  their  loose  flowing  garments  the  persons 
of  the  sacrificers  be  indecently  exposed. 


258 


Israel's  Lawgivers  Ceremonial  Laws 


(3)  The  Later  Law  of  the  One  Sanctuary  (Dt.  12 :  13-21, 
26-28;  14:  22-27;  15  :  19-20;  16:  5,  6;  31  :  10,  II ;  12:  \- 
12;  Lev.  17:3-9;   19:21'';  26:2b;  Ex.  25:8) 

Deuteronomic  Codes. 

Not  in  many  different  shrines  scattered  throughout  the  in  Jerusalem 
land,   but  in  the  one  central  sanctuary,  which  Jehovah  j!,e"^gre-^^^ 
shall  choose,  shall  the  Hebrews  present  to  him  all  their  P°"\^l  ''^I's- 

*■  lous  life  of 

sacrifices.     Thither  they  must  resort  at  each  of  the  great  the  nation  to 
annual  festivals,  bringing  with  them  their  tithes,  firstlings,  {j)tJ^2\Ti. 
first-fruits,  and  voluntary  offerings,  there  to  offer  them  to  ^J';  2^27- 
Jehovah  and  to  share  them  with  their  households,  with  the  ;|:  '9.^^°; 
Levites,  and  with  the  dependent  members  of  the  com- 31  j  1°.  i'^ : 
munity.     None  of  these  offerings  shall  they  eat  at  home ;  "* 
although  they  shall  be  permitted,  as  they  desire,  to  kill 
animals  there  for  food,   but    not  to  sacrifice  them  to 
Jehovah. 

Priestly  Codes. 

The  one  central  sanctuary  of  the  race  shall  command  Only  one 
its  entire  reverence  and  support.     Thither  all  animals  tO(Le?.T7T3. 
be  slain  shall  be  brought  and  sacrificed  in  the  presence  of  ^^.'Jb.'^E  ' 
Jehovah.  25:8)' 


259 


Ceremonial  Laws  The  Messages  of 

2.  EzekieVs  Te?nple 

Born  in  Jerusalem  of  a  priestly  family,  Ezekiel  undoubt- 
edly retained  distinct  memories  of  the  first  temple,  which 
he  wove  into  his  plan  for  an  ideal  sanctuary.  That  which 
characterizes  and  dominates  his  entire  programme  is  his 
desire  to  raise  about  the  dwelling-place  of  Jehovah  impass- 
able barriers  which  would  keep  out  anything  inconsistent 
with  the  holiness  of  its  divine  tenant.  This  motive  ex- 
plains the  size  and  prominence  of  the  outer  walls  and  gates. 
The  dimensions  of  the  encircling  courts  were  also  intended 
to  be  in  harmony  with  the  dignity  of  the  omnipotent  King. 
The  whole  plan  aimed  to  impress  upon  the  minds  of  the 
people  the  character  of  their  God  and  hence  the  necessity 
of  their  giving  to  him  their  entire  service.  While  the 
measurements  appear  to  have  been  slightly  different,  the 
general  plan  of  the  temple  proper  was  similar  to  that 
reared  by  Solomon. 

(i)  Outer  Gates  and  Courts  (Ezek.  40  :  5-27) 

Surrounding      In  the  temple  plan  presented  by  Ezekiel,  a  wall  ten  feet 
wa  (40.5;  high  and  broad  encircled  all  the  buildings,*  enclosing  an 

1  In  these  estimates  a  cubit  is  reckoned  in  round  numbers  as  equal  to 
twenty-one  inches,  since  Ezekiel  distinctly  states  that  he  used  the  larger 
cubit,  not  the  ordinary  small  cubit.  Fractions  of  a  foot  will  be  disregarded. 
The  description  is  reproduced  with  minor  changes  from  the  "  Messages  of 
the  Later  Prophets,"  pp.  116-121. 

260 


Israel's  Lawgivers  Ceremonial  Laws 

area  eight  hundred  and  seventy-five  feet  square  and  shut- 
ting in  the  sanctuary  from  the  outside  world. 

The  great  gateway,  which  faced  the  east,  was  eighty-  The  en- 
seven  feet  deep  and  half  as  wide.     Steps  led  up  through  Sough  the 
a  portal  ten  feet  wide  to  a  passageway  seventeen  feet  ^^^^'^J""  p5f- 
wide  and  forty-nine  feet  long.     On  each  side  of  this  were  i6) 
three  guard-rooms  for  officers,  each  ten  feet  square  and 
provided  with  windows.   At  the  other  end  of  the  passage- 
way was  a  second  portal,  similar  in  size  to  the  first,  which 
led  into  a  large  vestibule  and  then  into  the  court-yard. 

Around  the  outer  court  were  thirty  chambers,  fronting  The  outer 
upon  a  pavement  which  extended  to  the  vestibule  of  the  ga?^ays 
gateway.     The  court  was  one  hundred  and  seventy-five  ^4°:  17-27) 
feet  wide.     It  had  two  other  gateways  on  the  north  and 
south,  exactly  similar  in  construction  and  size  to  that  on 
the  east. 


(2)   The  Inner  Court  (40  :  28-47;  43  :  13-17) 
In  the  court  directly  opposite  the  three  outer  entrances  its  three 

37) 


were  the  three  gates  leading  into  the  inner  court.     Their  f^oHa^* 


dimensions  and  construction  were  exactly  like  those  of  the 
outer  gateways,  except  that  their  vestibules  faced  the 
outer  court.  The  level  of  the  inner  court  was  reached  by 
a  flight  of  eight  steps. 

Connected  with  a  vestibule  of  the  inner  gateway  by  a  The  sacri- 
door  was  a  chamber  in   which   the   burnt-offering  was  J'^of ^Jj^" 
washed.     In  the  vestibule  itself  stood  four  tables,  two  on 
261 


Ceremonial  Laws  The  Messages  of 

either  side,  and  outside  the  vestibule  two  other  pairs  of 

tables,  all  for  use  in  the  slaughter  of  sacrificial  victims. 

With  each  pair  of  tables  was  a  smaller  one  of  hewn  stone, 

on  which  the  sacrificial  implements  were  laid. 

The  two  In  the  inner  court  were  two  apartments,  one  by  the 

for%rk!"f   north  gate  facing  southward,  the  other  by  the  south  gate 

(40 :  44-46)    facing  northward.     The  former  was  the  residence  of  the 

priests  who  took  care  of  the  temple ;  the  latter  was  for 

those  of  the   family  of  Zadok,  who   ministered  at  the 

altar. 

The  great         The  inner  court  itself  was  one  hundred  and  seventy-five 

Vn\i^h-    ^^^^  square.     In  the  middle,  so   that  it  could  be  seen 

*7^  through  the  gateways,  and  immediately  before  the  temple, 

was  the  great  altar  of  burnt-offering.     This  was  a  huge 

structure  of  stone,  rising  in  three  regularly  diminishing 

terraces  to  a  height  of  twenty  feet  from  a  base  thirty-two 

feet  square  and  one  and  three-quarters  feet  in  height.   The 

steps  by  which  the  priests  ascended  to  the  altar-hearth 

faced  the  east. 


(40:48,49) 


3.   The  Temple  and  its  Adjuncts  (40 :  48  to  41  :  26) 

The  porch  On  the  wcstem  side  of  the  inner  court  was  the  temple 
on  an  elevated  platform  approached  by  ten*  steps.  As- 
cending these,  one  entered  a  vestibule  thirty-five  feet  wide 
and  twenty-one  feet  long  by  an  entrance  twenty-four  feet 
wide.     On  each  side  of  the  entrance  was  a  huge  pillar. 

*  Following  the  Septuagint.  _, 
262 


Israel's  Lawgivers  Ceremonial  Laws 

Beyond  the  vestibule  was  the  main  hall  of  the  temple,  The  main 
seventy  feet  in  length  by  thirty-five  in  breadth,  entered  2)  ^*^  *  *' 
through  a  doorway  seventeen  feet  wide. 

Beyond  this  hall  was  the  innermost  shrine  of  the  temple,  The  most 
the  holy  of  holies.     It  was  an  exact  cube,  with  a  doorway  (41^3^  4)* 
ten  feet  in  width.     Within  this  hallowed  spot,  the  abode 
of  Jehovah's  glory,  no  ordinary  man  was  allowed  to  enter. 

The  wall  of  the  temple  was  ten  feet  thick  at  the  bottom.  The  cham- 
narrowing  toward  the  top.     About  it  on  all  sides  except  ^"g  **  ^^* 
the  east  was  an  outer  wall  nine  feet  thick,  the  interval  be-  ^^*  •  5-7) 
tween  them  at  the  base  being  seven  feet.     Between  these 
walls  were  built  small  cells  in  three  tiers,  thirty  chambers 
in  each  tier.     The  cells  of  the  second  and  third  tier  were 
somewhat  broader  than  those  at  the  base,  their  supporting 
beams  resting  on   the  ledges  made  by  the  recession  of 
the  wall. 

The  tiers  were  connected  by  winding  stairways,  and  The  raised 
opened  into  the  terrace  on  which  the  temple  stood.     Thirty  j*^* ;  g"^.) 
feet  west  of  the  temple  was  another  large  building.     Its 
area,  as  well  as  that  of  the  temple  court  and  that  of 
the  inner  court,  was  one  hundred  and  seventy-five  feet 
square. 

The  whole  interior  of  the  temple  was  panelled   and  The  interior 
ceiled  with  wood.     From  floor  to  roof  this  woodwork  pie^*^*  ^*™' 
was  ornamented  with  carved  work  representing  cherubs  ^^*  •  ^s'^-afi) 
and  palms.     Before  the  holy  of  holies  stood  an  altar-like 
wooden  table  for  the  showbread.    Swinging  doors  led 
263 


Ceremonial  Laws  Tlie  Messages  of 

into  the  hall  and  into  the  most  holy  place,  each  door  being 
made  in  two  sections  and  elaborately  carved. 

4.   Other  Buildings  of  the  Inner  Court  (42  :  1-14  ; 
46  :  19-24) 

The  cham-       On  the  northern  and  southern  sides  of  the  inner  court 
pHests°'^    *  were   two  three-story  buildings,  each  one  hundred  and 
(42  : 1-12)     seventy-five  by  eighty-seven  feet,  with  a  passageway,  fif- 
teen feet  wide  in  front.     The  uppermost  stories  included  a 
gallery.     The  walls  which  faced  the  outer  court  extended 
only  half  of  the  length  of  the  walls  that  faced  the  temple. 
These  buildings  could  be  entered  from  the  passageways 
and  from  the  outer  court. 
Their  use  In  these  chambers  the  priests  who  minister  at  the  altar 

•  '3'  ^'♦^   Y^'ere  to  store  and  eat  their  portions  of  the  sacrificial  offer- 
ings, and  to  lay  aside  their  sacred  garments  before  going 
into  the  outer  court  of  the  people. 
The  kitchen      In  the  westem  corners  of  the  inner  court  were  kitchens 
and^peopk    ^^^  ^^  exclusivc  usc  of  the  priests  in  preparingtheir  share 
(46 :  19-24)    Qf  |.j^g  sacrifices  for  food.     In  each  corner  of  the  outer  court 
were  also  four  kitchens  seventy  by  fifty-two    feet  in  size, 
surrounded  by  pillars,  where  the  Levites  boiled  the  sacri- 
ficial meats  for  the  people. 


264 


Israels  Lawgivers  Ceremonial  Laws 

3.    The  Post-Exilic  Conception  of  the  Tent  of  Meeting  or 
Tabernacle 

The  tradition,  that  while  the  Israelites  were  in  the  wil- 
derness there  was  outside  the  camp  a  tent  of  meeting 
whither  the  people  went  to  determine  the  will  of  Jehovah 
and  where  he  "  spoke  unto  Moses  face  to  face,  as  a  man 
speaks  unto  his  friend"  (Ex.  33  :  ii*),  is  found  in  the 
Elohistic  group  of  narratives.^  During  Moses'  lifetime 
Joshua  is  represented  as  ministering  at  this  simple  tent  of 
meeting  and,  at  the  death  of  the  former,  as  succeeding  to 
the  religious,  as  well  as  the  political,  leadership  of  the 
people.  This  early  tradition  appears  to  have  been  the 
kernel  out  of  which  grew  the  elaborate  description  of  the 
tent  of  meeting  or  tabernacle,  found  in  the  Priestly  codes. 
The  tendency  to  project  back  into  the  Mosaic  period  ideas 
and  institutions  which  first  attained  their  full  development 
after  the  exile  is  especially  prominent  in  the  priestly  groups 
of  laws  and  finds  many  illustrations  (pp.  81,  82).  That  the 
tradition  of  the  tabernacle  has  little,  if  any,  historical 
basis  has  long  been  recognized  by  critical  Bible  students. 
Occasional  discrepancies  reveal  the  ideality  of  the  plan. 
The  elaborate  and  costly  materials  demanded  were  far  be- 
yond the  resources  of  the  Israelites  to  whom  their  earliest 
traditions  introduce  us.  The  skill  required  to  construct 
the  tabernacle  was  certainly  not  at  the  command  of  the 

»  Cf.  Ex.  33  :  7-11  ;  Dt.  31  :  14,  15  (E) ;  Num.  ii  :  16-17,  24-29  (Es). 
265 


Ceremonial  Laws  The  Messages  of 

wandering  fugitives,  whose  descendants,  even  in  the  days 
of  Solomon,  were  obliged  to  call  in  Phoenician  workmen  to 
build  their  temple.  The  structure  contemplated  is  not  a 
tent  but  a  temple,  modelled  on  a  reduced  scale  after  the 
structure  reared  by  Solomon,  and  adapted  in  part  to  the 
conditions  imposed  by  the  life  of  the  desert.  The  plan 
also  assumes  the  Deuteronomic  principle  of  the  centraliza- 
tion of  all  worship  in  one  sanctuary.  Furthermore,  aside 
from  the  Elohistic  historian's  references  to  the  simple  tent 
of  meeting,  there  are  no  allusions  to  the  tabernacle  in  He- 
brew literature  antedating  the  exile.  Similarly  several  of 
the  articles  of  furniture  assigned  to  the  tabernacle,  like 
the  altar  of  incense,  did  not  come  into  use  among  the 
Israelites  until  centuries  after  their  birth  as  a  nation.  The 
testimony  of  these  converging  lines  of  evidence  therefore 
seems  conclusive. 

Like  the  contemporary  institutions  attributed  by  the 
author  of  Chronicles  to  the  earlier  periods,  the  detailed 
descriptions  are  chiefly  of  value  as  revealing  the  ideas  and 
ideals  current  in  the  age  when  the  writer  lived.  Its  sketch 
of  the  furnishing  of  the  tabernacle  and  of  its  service  may 
be  accepted  as  giving  a  reliable  picture  of  those  found  in 
the  second  temple — at  least  after  the  institution  of  the 
priestly  law  in  the  time  of  Nehemiah. 

Of  the  sacred  objects  used  in  the  post-exilic  temple,  the 
ark  and  table  of  showbread  can  be  traced  back  to  an  ear- 
lier period  than  the  candlestick  and  altar  of  incense. 
266 


IsraeVs  Lawgivers  Ceremonial  Laws 

Tables  of  showbread  were  familiar  objects  in  Babylonian 
and  Assyrian  temples.  The  Babylonian  ritual  stipulates 
that  one  or  three  or  six  dozen  cakes  of  unleavened  bread 
should  be  laid  before  the  deity.*  The  story  of  David's 
flight  from  Saul  (i  S.  21  :  3-6)  reveals  incidentally  the  fact 
that  bread  was  presented  as  an  offering  to  Jehovah  at  the 
primitive  sanctuary  at  Nob  before  the  building  of  Solo- 
mon's temple.  It  appears  to  have  been  from  the  first  a 
regular  offering  in  behalf  of  all  the  nation,  even  as  in  the 
ritual  of  the  tabernacle. 

The  elaborate  candelabrum,  which  figures  in  the  taber- 
nacle, is  not  mentioned  in  any  writings  antedating  the  exile. 
According  to  First  Samuel  3:3a  lamp  sufficed  to  light 
during  the  greater  part  of  the  night  the  primitive  shrine  at 
Shiloh ;  and  in  the  minute  description  of  the  spoil  taken 
from  Solomon's  temple  by  the  Babylonians  (2  K.  25  :  13- 
17)  there  is  no  reference  to  a  candelabrum.  Ezekiel  also 
in  his  description  of  the  finishing  of  his  temple  speaks 
only  of  the  table  of  showbread.  From  these  and  other 
indications  it  has  been  inferred  that  the  account  of  the  ten 
golden  candlesticks  in  First  Kings  7  :  49  was  inserted  by 
a  later  hand."  Zechariah's  vision  (ch.  4)  indicates  that  a 
seven -lamped  candelabrum  was,  from  the  first,  one  of 
the  prominent  elements  in  the  furnishing  of  the  second 
temple.     The  number  seven  recalls  the  seven-branched 

>  Haupt,  Journal  of  Bib.  Lit.,  vol.  xix,  pt.  i,  59. 

«  Sude,  Zeit$ch./.A,  T.  IV.,  3,  168  ff. ;  Nowack,  Heb.  Arch.,  3,  40. 

267 


Ceremonial  Laws  The  Messages  of 

sacred  trees  which  appear  frequently  on  the  ancient  Baby- 
lonian bas-reliefs.  Inasmuch  as  Josephus  (B.  J.  vii.  5,  5) 
speaks  of  the  trident -shaped  candelabrum  (which  also 
figures  on  the  arch  of  Titus)  as  a  novelty,  it  has  been  in- 
ferred that  the  older  form  approached  more  closely  to  that 
of  a  tree.'  In  that  case  its  purpose  would  be  not  merely 
to  light  the  sanctuary,  but  also  to  symbolize,  as  did  the  tree 
in  ancient  Semitic  thought,  the  fructifying,  life-giving 
power  of  Jehovah.  It  may  even  have  been  a  reminder  of 
the  tree  of  life  introduced  into  the  story  of  the  garden  of 
Eden  and  frequently  referred  to  in  later  Hebrew  writings. 
Sweet  odors  are  especially  delectable  to  the  nostrils  of 
Orientals,  and  what  was  pleasing  to  men  was  regarded  as 
a  worthy  offering  for  the  gods.  Incense  was  also  often 
made  from  the  gum,  representing  the  life  blood,  of  sacred 
trees. '  This  may  further  explain  the  fact  that  from  ear- 
liest times  it  was  widely  used  in  religious  worship.  The 
Egyptians,  Babylonians,  and  all  the  peoples  who  exerted 
the  greatest  influence  upon  Israelitish  institutions,  em- 
ployed it.  Not  being  a  product  of  Canaan,  it  does  not 
appear  to  have  been  regarded  in  early  times  by  his  people 
as  a  fit  offering  for  Jehovah.  With  many  other  Assyrian 
religious  customs,  it  seems  first  to  have  been  introduced 
in  the  days  of  Manasseh.  Jeremiah  speaks  of  it  slight- 
ingly :  "  To  what  purpose  cometh  to  me  frankincense  from 
Sheba,  and  calamus  from  a  far  country  ?  "  (6  :  2^).     This 

>  Encyc.  Bib.,  1.647.  '  Cf.  Pliny,  xii,  54. 

268 


Israel's  Lawgivers  Ceremonial  Laws 

and  other  references  in  the  prophets  of  the  period  suggest 
the  material  employed  (Jer.  41  :  5 ;  17  :  26;  Is.  43:23; 
60  :  6) .  The  law  in  regard  to  a  special  altar  of  incense  is 
found  for  the  first  time  in  a  late  priestly  supplemental 
passage,  indicating  that  it  marked  one  of  the  very  latest 
stages  in  the  development  of  the  temple  ritual. 

I.  The  Tabernacle  Proper  (Ex.  25  :  1-8 ;  26  :  1-33) 
Priestly  Codes. 

(P)  The  precious  metals  and  stones  and  all  the  materials  Material 
needed  for  the  construction  and  equipment  of  the  taber-     "*  ^^  • » 
nacle  were  to  be  voluntarily  presented  by  the  people. 

The  tabernacle  itself  was  forty-five^  feet  long,  and  fifteen  Plan  and 
broad  and   high.      The   framework   consisted  of    wide  Je^*"6:*i- 
boards  of  acacia  wood   fifteen  feet   long,  twenty-seven  33) 
inches  broad  and  eighteen  thick,  all  set  on  end.     These 
were  fastened  by  means  of  sockets  and  tendons  at  the 
bottom  and  by  encircling  bars  on  the  outside.   This  wood- 
work was  covered  with  many-colored,  variegated  tapestries, 
and  provided  with  rings  and  fastenings  of  gold.     Instead 
of  a  roof  there  was  a  goat's-hair  covering  with  ram's  skins 
above  and  sealskins  on  the  outside.     The  interior  of  the 
tabernacle  was  divided   by  a  richly  woven,  variegated 
tapestry,  fastened  to  four  pillars,  into  two  apartments  :  the 

*  Apparently  the  ordinary  cubit  is  here  used,  being  smaller  than  that  of 
Ezekiel.  Its  exact  length  is  unknown.  It  is  here  interpreted  in  round 
numbers  as  equal  to  eighteen  inches. 

269 


Ceremonial  Laws  The  Messages  of 

first  thirty  feet  long  and  the  second,  the  holy  of  holies, 
fifteen  feet  square. 

2.  Its  Furnishings  (Ex.  25  :  23-40 ;  Num.  8:4;  Ex.  27 : 
1-8;  30:17-21,  1-5;  26:34-36) 

Table  of  (P)  The  table  of  showbread  was  three  feet  long,  eight- 

(Ex!*^25*:*23-  een  inches  wide  and  two  feet  high,  overlaid  with  gold  and 
3°^  having  a  projecting  top  and  a  gold  ring  on  each   of  its 

four  corners  through  which  passed  the  acacia  poles  with 
which  it  was  to  be  transported.    The  plates,  bowls  and 
goblets  were  also  made  of  pure  gold.^ 
Candela-  The  candelabrum  was  beaten  out  of  one  piece  of  pure 

2™3i-4^T     gold.     From  an  upright  shaft  six  arms  projected,  each 
Num.  8:4)    bearing  three  almond-shaped  cups  and  ornamented  be- 
neath with  the  figures  of  flowers  and  buds.     The  whole 
terminated  in   seven  lamps  which  gave  light  within  the 
sanctuary.     The  snuffers  and  the  snuff  dishes  were  also 
of  pure  gold. 
Great  altar       The  great  altar  for  burnt-offerings  was  seven  and  one- 
seis(E^*^:  half  feet  square  and  four  and  a  half  high,  made  of  acacia 
x-S;  30:17-  ^QocJ  planks,  covered  with  bronze  and  provided  with 
horns,  projecting  at  each  of  its  upper  four  corners.     On 
its  two  opposite  sides,  connected  with  a  bronze  network 
which  encircled  the  altar,  were  rings  through  which  were 
put  the  acacia  poles,  overlaid  with  bronze,  by  which  it  was 
transported.     The  ash  pans,  shovels,  basins,  flesh-hooks 

1  For  the  description  of  the  ark  cf.  p.  257. 
270 


Israels  Lawgivers  Ceremonial  Laws 

and  fire-pans,  which  were  used  in  connection  with  the 
altar,  were  all  of  bronze ;  likewise  the  laver  which  stood 
near  and  which  was  provided  for  the  use  of  the  priests  that 
they  might  wash  their  hands  and  feet  before  entering  the 
tabernacle  or  offering  burnt-offerings  at  the  altar. 

(Ps)  The  altar  of  incense  was  made  of  acacia  wood,  a  foot  Altar  of  in- 
and  a  half  square  and  three  feet  high  and  provided  with  horns,  ^l^^^r^^' 
Its  top,  sides  and  horns  were  all  overlaid  with  gold  and  its  top 
encircled  with  a  crown  of  gold.    Rings  of  gold  were  constructed 
on  two  sides,  for  the  poles,  also  overlaid  with  gold,  by  which 
the  altar  was  carved. 


The  ark  of  the  testimony  with  its  mercy  seat  beneath  An-ange- 
the  wings  of  the  cherubim  was  placed  within  the  holy  of  flmShingJ* 

(Ex.26 

36;  30: 


holies,  the  table  of  showbread  on  the  north  side  and  the  ^f'^- 2^*  ^4* 

-  ■  ^:6) 


candlestick  on  the  south  side  in  the  holy  place,  immedi- 
ately in  front  of  the  curtain  which  led  into  the  inner  sanct- 
uary. The  altar  of  incense  was  also  placed  in  front  of  the 
curtain.  The  front  of  the  tabernacle  was  protected  by  five 
acacia  wood  pillars,  overlaid  with  gold  and  covered  with 
an  embroidered,  variegated  linen  screen, 

3.  /^s  Court  (Ex.  27  19-19) 

The  court  of  the  tabernacle  was  one  hundred  and  fifty  size  and 
feet  long  and  seventy-five  broad,  enclosed  by  hangings  ofThSrt 
made  of  white  linen,  suspended  on  sixty  pillars  of  acacia  ^^^-  "7  '•  9- 
wood,  each  thirty  feet  high  and  covered  with  bronze  at  the  '^ 
271 


Ceremonial  Laws  The  Messages  of 

base  and  with  silver  on  the  capitals,  and  provided  with 
silver  nails  and  rings.  The  pillars  were  seven  and  a  half 
feet  apart  and  rested  in  bronze  sockets.  On  the  east  side 
was  the  entrance,  thirty  feet  wide,  provided  with  an  em- 
broidered, variegated  linen  screen.  All  the  minor  furnish- 
ings of  the  court  were  made  of  bronze. 

4.  Its  Service  (Ex.  25  :  30;  Lev.   24  :  5-9;  Ex.  27  :  20, 
21  ;  Lev.  24  :  1-4 ;  Ex.  29  :  38-42 ;  30  :  7-10) 

Showbread       (P)  These  Were  the  divine  regulations  regarding  the  de- 
Le^*_2j:|.°^  tails  of  the  tabernacle  service :    The  loaves  for  the  table 
of  showbread  shall  be  twelve  in  number  arranged  in  two 
rows  of  six.     These  shall  be  made  out  of  fine  flour,  six 
and  two-fifths  quarts  being  used  for  each.     They  shall  be 
renewed  every  sabbath  and  covered  with  frankincense. 
They  shall  serve  as  an  offering  from  the  people  to  Jeho- 
vah and  as  a  reminder  of  the  intimate  and  permanent 
relations  existing  between   him  and  them.     The  loaves 
which  are  removed  at  the  end  of  the  week  shall  be  eaten 
by  the  priests  in  a  place  free  from  all  ceremonial  pollution. 
Lamps  of         The  pure  olive  oil  which  shall  be  used  in  the  lamps  of 
labrum  (Ex.  ^^  Candelabrum  shall  be  provided  by  the  people  ;  and  the 
liv^2'  ^i-' )  P^'^^sts  shall  see  that  the  flame  is  kept  continually  burn- 
ing, attending  to  it  every  morning  and  evening. 

(Ps)  Two  lambs  (not  over  a  year  old)  shall  be  offered  each 
day  throughout  the  year  on  the  great  altar  ;  one  in  the  mom- 
273 


Israel's  Lawgivers  Ceremonial  Laws 

ing  and  the  other  at  evening.     With  these  shall  be  presented  The  daity 
three  quarts  of  fine  flour,  mixed  with  one  and  one-third  quarts  jiJ^^Ex"" 
of  olive  oil  and  an  equal  quantity  of  wine.     These  shall  be  a  ^9  ^  38-42) 
symbol  of  the  constant  communion  between  Jehovah  and  his 
people. 

Each  morning  and  evening  incense  shall  be  burned  on  the  Incense  and 
altar  provided    for  the  purpose ;   and  once  each  year  the  high  offerings" 
priest  shall  sprinkle  upon  it  the  blood  of  the  sin-offering  pre-  (^?'-  3°  '•  7- 
sented  in  behalf  of  the  nation. 


Ill 


SACRED   OFFICIALS   IN    THE    PRE-EXILIC    HEBREW 
STATE 

Israelitish  legislation  recognizes  two  of  the  three  classes 
of  religious  teachers  who  directed  the  moral  and  spiritual 
life  of  the  nation.  Of  the  sages  or  wise  men  it  does  not 
speak,  since  their  work  was  done  in  private  rather  than  in 
public,  and  they  did  not  claim  equal  authority  with  the 
prophets  and  priests.  The  Deuteronomic  code  seeks  to 
protect  the  people  from  the  impositions  of  false  prophets, 
and  proposes  a  test  which  reveals  how  difificult  it  often 
must  have  been  for  the  masses  to  distinguish  between  the 
true  and  the  spurious. 

Before  the   days  of  Ezekiel  there   is  no  trace  of  the 

273 


Ceremonial  Laws  The  Messages  of 

distinction  between  priests  and  Levites.  Until  the  exile 
all  priests  are  described  as  "sons  of  Levi."  Whether 
this  term,  as  used  for  example  in  Deuteronomy,  designates 
members  of  a  tribe  or  of  a  guild  or  class,  bearing  the  name 
Levi,  is  not  clear,  since  in  accordance  with  Semitic  usage  it 
admits  of  either  interpretation.  Hebrew  tradition  explains 
it  as  a  tribal  designation  and  regards  the  call  of  the  tribe 
to  the  priestly  office  as  a  reward  for  its  loyalty  to  Moses 
and  for  its  zeal  for  Jehovah  when  the  Israelites  were  assem- 
bled at  the  foot  of  Mount  Sinai  (Ex.  32  :  25-29).  Genesis 
34,  which  seems  to  contain  an  older  tradition,  corrobo- 
rated by  the  ancient  poem  found  in  Genesis  49  (cf.  vv.  5-7), 
suggests  that  the  zeal  of  the  tribes  of  Simeon  and  Levi 
found  expression  during  the  early  period  of  settlement  in 
Canaan  in  a  treacherous  attack  on  the  Canaanites  dwelling 
in  Shechem,  and  that  the  deed  so  aroused  the  horror  of 
the  Israelites,  as  well  as  the  wrath  of  the  wronged,  that 
it  resulted  in  the  complete  scattering  of  the  surviving 
members  of  the  offending  tribes.  This  tradition  explains 
why  the  Levites  were  a  tribe  without  a  home  and  there- 
fore ready  to  assume  priestly  duties,  although  it  does  not 
make  clear  the  basis  of  the  popular  belief  (revealed  in 
the  story  of  the  establishment  of  the  sanctuary  of  Dan, 
Judg.  17  and  18),  that  they  were  especially  eligible  for 
these  functions.  The  fact  that  the  lineage  of  Jonathan, 
the  Levite  who  presided  at  Dan,  is  traced  to  Moses  sug- 
gests the  reason.  The  tradition  of  their  loyalty  to  the 
274 


Israel's  Lazvgivers  Ceremonial  Laws 

great  leader  (Ex.  32  :  25-29),  who  according  to  the  Elohis- 
tic  prophetic  writer  was  by  birth  himself  a  Levite,  confirms 
the  conjecture  that  they  claimed  to  be  his  kinsmen  and  suc- 
cessors in  the  charge  of  the  sacred  oracles  and  in  the  min- 
istry at  the  sanctuaries.  Naturally  in  time  all  the  priests 
at  the  different  shrines,  whether  or  not  descendants  of 
Moses  or  of  the  scattered  tribe  of  Levi,  were  regarded  by 
virtue  of  their  office  as  "  sons  of  Levi." 

This  tendency  is  paralleled  by  the  history  of  other  He- 
brew and  Semitic  tribes  in  which  traditional  rather  than 
actual  descent  from  a  common  ancestor  was  the  real 
uniting  bond.  Deuteronomy  includes  the  priests  of  the 
high  places,  as  well  as  those  at  Jerusalem,  under  the 
comprehensive  term,  "  sons  of  Levi."  In  reality  the  term 
here  simply  designates  an  office  and  a  caste,  although 
the  traditions  of  descent  from  Levi  and  kinship  with  Moses, 
which  were  associated  with  certain  early  incumbents,  were 
/)robably  extended  to  the  entire  guild  of  priests.  Ezekiel 
demonstrates  that  the  content  of  the  term  was  not  clearly 
defined,  for  he  restricts  it  to  the  priests  of  the  high  places, 
declared  illegal  by  the  law  of  Deuteronomy,  and  assigns 
the  Levites  an  inferior  place  in  his  hierarchy.  Thus  it  is 
finally  given  a  very  different  application  from  that  sug- 
gested by  its  traditional  origin  ;  for  in  all  probability  many 
of  the  priests  at  the  high  places  were  descended  from  Ca- 
naanites  who  officiated  at  the  same  shrines  long  before 
the  Hebrews  appeared  in  the  land.     If,  however,  Levi  is 

275 


Ceremonial  Laws  The  Messages  of 

a  gentilic  derived  from  Leah,  "  wild  cow,"  and  the  tribes 
of  Leah  were  largely  Canaanitic  in  their  origin,  as  seems 
possible,  Ezekiel's  distinction  rested  on  a  definite  histori- 
cal basis,  and  the  designation  was  felicitous. 

As  the  story  of  the  founding  of  the  Danite  sanctuary 
(Judg.  17  and  18)  illustrates,  the  earliest  duties  of  the 
priests  were  (i)  to  care  for  the  idol  or  in  later  times,  as  at 
Shiloh,  for  the  ark  or  whatever  was  the  objective  symbol 
of  the  deity,  and  (2)  to  care  for  and  ascertain  the  divine 
will  by  means  of  the  oracle.  As  guardians  of  the  oracle 
and  as  a  recognized  class  of  religious  leaders,  other  duties 
were  in  time  assigned  to  them.  The  hereditary  priests, 
associated  with  some  of  the  high  places,  acquired  property 
of  their  own  (Dt.  18  :  8).  Those  at  Jerusalem  enjoyed 
the  especial  patronage  of  the  king.  From  the  days  of  the 
Judges  the  priests  received  pay  for  their  services ;  but  be- 
fore the  days  of  Josiah  the  majority  of  them  do  not  appear 
to  have  had  a  definite  income,  and  even  after  the  Deuter- 
onomic  reformation  for  their  support  they  are  largely  de- 
pendent upon  the  generosity  of  the  individual  members  of 
the  nation.  In  the  days  of  Nehemiah,  when  the  Deuter- 
onomic  code  was  still  in  force,  their  income  proved  en- 
tirely inadequate  to  their  needs  (Neh.  13  :  10-14). 

Ezekiel  in  his  programme  for  the  restored  Jewish  state 

sought  to  correct  this  defect  in  the  earlier  system  and  to 

place  the  entire  ceremonial  service  on  a  basis  in  keeping 

with  Jehovah's  dignity.     Land  was  set  aside  for  both  the 

276 


IsraeVs  Lawgivers  Ceremonial  Laws 

priests  and  Levites  and  a  stated  income  provided.  Tem- 
ple slaves  were  also  excluded  and  to  the  Levites,  the  for- 
mer priests  of  the  high  places,  the  more  menial  duties 
were  entrusted. 

I.  Prophets  (Dt.  i8  :  15-22) 

Deuteronomic  Codes. 

Jehovah  will  from  time  to  time,  as  the  needs  of  the  CaU 
people  demand,  raise  up  religious  teachers  and  prophetic  \^^' '  '^^ 
leaders,  like  Moses,  to  whom  he  will  impart  his  messages ; 
and  to  their  words  let  the  people  give  earnest  heed. 

The  prophet   who  fails  to  hear  and  impart  Jehovah's  The  punUh- 
message  to  the  people  shall  be  punished  by  the  God  whose  ^fs"*  °^  * 
faithless  servant  he  is.     If  in  the  name,  but  not  at  the  Fj'J?^/*  ^q) 
command  of  God,  or  as  the  representative  of  another  deity, 
one  shall  impiously  assume  the  role  of  prophet,  death  shall 
be  his  punishment. 

The  evidence,  as  to  whether  a  prophet  has  spoken  truly  Test  of  a 
at  the  command  of  God  or  not,  shall  be  the  fulfillment  or  prophet 
non-fulfillment  of  his  predictions.  ^^^  •  *^'  "^ 

2.    The  Priests  the  Sons  of  Levi 
(i)  Call  of  the  Tribe  of  Levi  {^x.  32  :  25-29;  Dt.  10  :  8) 

(J)  While  Moses  was  on  Mount  Sinai,  the  people  re- 
belled against  his  leadership  and  teaching  and  at  the  direc- 
277 


Ceremonial  Laws  The  Messages  of 

Reward  of  tion  of  Aaron  made  a  molten  calf  and  worshipped  it. 
to  Jehovah^  On  Moses'  rctum  to  the  camp  he  appealed  to  those  who 
(Ex.  32 :  25-  yf^Qxt  loyal  to  Jehovah  to  rally  about  him  and  the  tribe  of 
Levi  responded.  At  the  command  of  the  great  leader 
they  slew  about  three  thousand  of  the  guilty  Israelites 
and,  as  a  reward  for  their  fidelity,  they  were  set  aside  for 
the  service  of  Jehovah. 

Deuteronomic  Codes. 

Call  at  While  the  Israelites  were  before  Mount  Sinai,  Jehovah 

(Dt"  10 :  ?)^^  selected  the  tribe  of  Levi  to  bear  his  ark,  to  perform  the 
ceremonial  duties  connected  with  his  service,  and  to  pro- 
nounce benedictions  upon  the  people. 

(2)  Duties  (Dt.  ZZ  :  8%  10;   19  :  17  ;  21 :  5  ;  17:  8-13  ;  10  :  8  ; 
18  :  5-7  ;  31:9,  25,  26 ;  26  :  1-4 ;  21  :  1-5  ;  24  :  8,9  ;  20  :  2-4) 

Primitive  Codes. 

To  inquire        (E)  To  the  tribe  of  Levi  shall  be  entrusted  the  divine 
(Dt^33°T8»)  oracles  that  through  them  the  people  may  ascertain  the 
divine  will. 

Primitive  and  Deuteronomic  Codes. 

To  act  as  As  the  guardians  of  the  oracle,  legal  cases  shall  be  re- 
33:^S,b;''  ferred  to  them  and  they  shall  render  authoritative  decis- 
19: 17;  21:   jQj^g  jj^  accordance  with  Jehovah's  law,  thus  revealing  and 

impressing  upon  the  minds  of  the  people  the  principles 

which  it  embodies. 

278 


IsraeVs  Lawgivers  Ceremonial  Laws 

Deuteronomic  Codes. 

(D)  Levites  shall  also  sit  in  the  supreme  court  of  appeal  To  sit  in  the 
at  Jerusalem  to  which  questions  too  difficult  for  the  local  court™* 
courts  shall  be  referred.  (^.^-  ^7  =  8- 

Primitive  and  Deuteronomic  Codes. 

They  shall  perform  all  duties  in  connection  with  the  To  minister 
maintenance  of  the  services  of  the  sanctuary,  such  as  the  SL^*  *^*^** 
burning  of  the  portions  of  each  offering  which  are  espe-  ^^\l^. '  \f.' 
cially  devoted  to  Jehovah  and  sacrificing  the  whole  burnt-  5-7) 
offerings  on  the  altar.  ^ 

Deuteronomic  Codes. 

They  were  also  the  attendants  who  carried  and  guarded  To  bear  the 
the  ark  of  Jehovah  until  it  found  its  final  resting  place  in  s^-^^^-g)' 
the  temple. 

They  shall  receive  the  basket  of  first-fruits  which  every  To  receive 
Israelite  is  commanded  to  present  to  Jehovah  at  the  sanct-  of  firs^t-fruits 
uary  as  a  token  of  fealty  to  his  divine  king.  ^^^ '  ^'^^ 

They  shall  guard  the  copies  of  the  written  law,  as  well  To  guard 

as  pronounce  the  decisions  which  it  embodies.  [3*  J^^as, 

26) 
They  shall  join  with  the  elders  and  local  judges  of  a  village,  To  officiate 

within  the  bounds  of  which  a  murder  has  been  committed,  in  lh«*commu^ 
the  ceremony  by  which  that  town  shall  be  absolved  from  all°»*y(**'«-5) 
guilt. 

>  The  passage  in  Dt.  33  :  io«  ordinarily  translated,  "  put  incense  before 
thee,"  apparently  refers  to  the  sweet  savor  which  rises  from  the  burning 
sacrifices.     The  expression  is  therefore  equivalent  to  "  offer  sacrifice.'' 
279 


Ceremonial  Laws 


The  Messages  of 


To  attend 
to  cases  of 
leprosy 
(24  :  8,  9) 

To  encour- 
age the 
army 
(ao :  2-4) 


A  share  in 
the  offerings 
of  the  people 
(Dt.  12  :  II, 
12,  17-19  ;r4: 
22-27  •  ^^• 
10-15) 


Their  por- 
tion of  the 
ordinary 
offerings 
(x8  :  1-5) 


They  shall  investigate  and  give  instructions  as  to  what 
shall  be  done  whenever  an  Israelite  is  afflicted  with  the 
loathsome  disease  of  leprosy. 

When  the  Israelitish  army  is  about  to  advance  into  bat- 
tle the  priest  in  attendance  upon  it  shall  exhort  the  war- 
rior? to  be  brave,  and  to  trust  Jehovah,  assured  that  he 
will  deliver  his  people  from  the  hands  of  their  foes. 

(3)  Means  of  Support  (Dt.  12  :  11,  12  :  17-19  ;   14  :  22-27  \  ^6  : 

10-15;   18:  1-8) 
Deuteronomic  Codes. 

The  Levites  shall  be  allowed  with  the  families  of  the 
offerers  to  share  the  regular  and  voluntary  gifts,  which 
the  people  shall  bring  to  Jehovah  at  the  sanctuary,  and  in 
the  festivities  of  the  great  feast  days.  They  shall  also  not 
be  allowed  by  the  members  of  the  community  in  which 
they  reside  to  suffer  want,  for  they  have  no  possessions  of 
their  own. 

In  lieu  of  an  inheritance  and  in  return  for  their  services 
at  the  sanctuary  the  priests,  who  comprise  the  tribe  of 
Levi,  shall  have  as  their  portion  the  shoulder,  the  two 
cheeks  and  the  maw  of  every  animal  sacrificed ;  also  the 
first-fruits  of  all  the  grain,  wine  and  oil  and  the  first  fleece 
of  the  sheep  which  shall  be  presented  by  the  people  to 
Jehovah. 

Any  Levite,  not  resident  in  Jerusalem,  who  comes  to 
the  central  sanctuary  and  joins  the  priesthood  located 
280 


IsraeVs  Lawgivers  Ceremonial  Laws 

there,  shall  share  equally  with  the  others  in  the  duties  and  AH  minisur- 
in  the  income  of  his  office,  even  though  he  has  some  in-  ihaiuhi? 
come  from  the  sale  of  ancestral  property.  fis^'e-s) 

(4)  Property  (Dt.  18  :  I,  2,  8 ;   10  :  8,  9) 
Deuteronomic  Codes. 

Contrary  to  the  usage  of  the  earlier  priests  connected  To  hold  no 
with  the  local  sanctuaries,  the  tribe  of  Levi  shall  hold  no  (DT^Vfi, «, 
land  in  Israel.  ^>  »°:8;9) 

3.  Slaves  of  the  Sanctuary  (Josh.  9  :  26,  27) 

Primitive  Codes. 

(J)  After  the  conquest  of  the  Canaanites  by  the  Israel-  The  Gibeon- 
ites,  Joshua  made  the  Gibeonites  perpetual  slaves  of  the  {josh.  9 :  a6, 
sanctuary,  charged  with  performing  the  menial  duties  con-  *') 
nected  with  its  service. 


IV 

THE     SACRED   OFFICIALS   IN   EZEKIEL's     HIERARCHY 

(Ezek.  44  :  6  to  45  117) 

No  longer  shall  foreign  menials  be  admitted  within  the  Servanu  of 
temple  and  charged  with  any  of  its  services.     Hereafter  [o'Sf^J**^ 
the  Levites,  the  members  of  the  priestly  families,  which  ^^^^^ 
ministered  at  the  high  places  and  promoted  Israel's  un-  (44 :  6.14) 
281 


Ceremonial  Laws 


The  Messages  of 


Priests  to  be 
Zadokites 
(44 :  15,  i6) 


Their  cloth- 
ing 
<44  :  17-X9) 


Measures 
promotive 
of  sanctity 
(44  :  20-22, 
25-27) 


Their  duties 
(44  :  23,  24) 


Their  means 
of  support 
(44  :  28-31) 


faithfulness,  shall  be  responsible  for  the  menial  duties 
connected  with  the  sanctuary.  They  shall  guard  the 
gateways,  serve  the  priests,  slay  the  animals  for  sacrifice, 
and  wait  upon  the  worshippers. 

The  members  of  the  priestly  family  of  Zadok,  who  have 
ministered  at  the  Jerusalem  temple  since  the  days  of  Sol- 
omon and  who  have  always  proved  loyal  to  Jehovah,  shall 
alone  be  eligible  to  perform  the  important  priestly  func- 
tions. 

While  engaged  in  the  service  of  the  sanctuary  they  shall 
wear,  for  the  sake  of  coolness  and  purity,  only  linen  cloth- 
ing. Before  mingling  with  the  people  they  shall  change 
these  garments,  leaving  them  in  the  appointed  chambers. 

They  shall  neither  shave  their  heads  nor  let  their  hair 
grow  long  like  the  Nazarite.  They  shall  refrain  from  wine 
while  on  duty.  They  shall  marry  no  one  but  a  virgin  or 
the  widow  of  a  priest.  They  shall  not  approach  a  dead 
body  except  that  of  a  blood-relative.  They  shall  then  re- 
main unclean,  not  serving  at  the  altar  for  seven  days,  and 
shall  thereafter  present  a  sin-offering. 

They  shall  instruct  the  people  regarding  ceremonial  ob- 
ligations and  decide  difficult  cases.  They  shall  also  arbi- 
trate in  disputes  between  man  and  man,  control  public 
worship,  and  enforce  the  due  observance  of  sacred  days 
and  seasons. 

They  shall  not  be  expected  to  support  themselves,  but 
shall  subsist  entirely  upon  the  offerings  brought  to  the 
282 


IsraePs  Lawgivers  Ceremonial  Laws 

sanctuary.  It  is  lawful  for  them  to  eat  whatever  is  not 
to  be  consumed  by  fire.  Theirs  also  is  all  property  con- 
secrated to  Jehovah,  the  best  of  the  first-fruits  and  the 
thank-offerings.  They  must  carefully  avoid  eating  meat 
which  has  not  been  slaughtered. 

On  the  return  from  exile,  when  the  land  is  reapportioned,  The  sacred 
a  tract  about  seven  miles  square  shall  be  marked  out  with  an^d'itfap^ 
the  temple  as  its  centre.     Of  this  land  two-fifths  shall  be  portionment 
set  aside  for  the  Levites  and  their  cities.^     Another  two- 
fifths  shall  be  allotted  to  the  priests,  in  the  centre  of  which 
shall  be  the  domain  required  for  the  temple  and  the  open 
court  about,  extending  seventy-five  feet  on  each  side.    The 
remainder  of  the  reservation  shall  be  given  to  the  people 
who  live  in  Jerusalem.     All  the  territory  east  and  west  of 
the  reservation  shall  belong  to  the  prince  who  stands  as 
the  representative  of  the  pre-exilic  kings. 

The  prince  shall  establish  a  correct  scale  of  weights  and  Duties  of 
measures,  so  that  all  robbery  of  the  people  in  his  name  J^*  ^^ij) 
shall  cease.  They  shall  turn  over  to  him  for  the  support 
of  the  ritual  one-sixteenth  of  their  produce  of  grain,  one 
one-hundredth  of  their  oil,  and  one  out  of  every  two  hun- 
dred lambs.  He  shall  in  turn  provide  that  which  is  need- 
ful for  all  the  stated  public  sacrifices. 

»  Following  the  Septuagint  version. 


283 


Ceremonial  Laws  The  Messages  of 


THE    POST-EXILIC    HIERARCHY 

I.  The  Later  Traditions  regarding  the  Origin  of  the 
Priestly  Hierarchy  (Num.  3  :  5,  10;  17  :  i-ii ; 
18  :  1-7) 

Priestly  Codes. 
Call  through     (P)  In  the  wilderness  of  Sinai  Jehovah  commanded 
(N^.  3 : 5,  Moses  to  appoint  Aaron  and  his  sons  to  the  priestly  office, 
'°)  and  declared  that  anyone  who  attempted  to  usurp  their 

position  should  be  put  to  death. 
Call  of  (P)  When  Korah  and  certain  of  the  princes  of  Israel  in 

the'^s^n  of  the  wildcmcss  rebelled  against  Moses  and  Aaron  and  paid 
rod(Num"^  for  their  treason  by  their  death,  Jehovah  by  a  miraculous 
\ :  *"'J '  sign  called  Aaron  and  his  sons  to  take  charge  of  his  sanct- 
uary and  its  services,  giving  them  the  priestly  office  as  a 
perpetual  gift  and  declaring  that  anyone  who  should  at- 
tempt to  usurp  their  position  would  be  put  to  death.  At 
the  same  time  the  Levites  were  given  to  the  sons  of  Aaron 
as  servants  to  perform  the  more  menial  duties  connected 
with  the  service  of  the  sanctuary. 


284 


Israel's  Lawgivers  Ceremonial  Laws 

2.  Levites^ 
(i)  Legal  Age  of  Service  (Num.  8  :  24-26) 
Priestly  Codes. 

(P^)  The  Levites  shall  be  eligible  for  service  at  the  age  of  Only  twenty 
twenty-five  and  shall  be  retired  from  active  duties  at  the  age  of  ^^^ce 
fifty,  ever  after  simply  assisting  in  guarding  the  sacred  things.  (Num.  8:24- 

(2)  Consecration  to  their  Office  (Num.  8  :  5-22) 
Priestly  Codes. 

In  initiating  the  Levites  into  their  duties  the  priests  '  shall  Ceremonial 
first  sprinkle  them  with  water  as  a  symbol  of  their  cleansing  p  *ep?rat^ry 

from  sin  and  then  cause  them  to  be  shaved  from  head  to  foot  ^o  entering 

upon  their    • 
and  their  garments   and   person   thoroughly   washed.      The  duties 

people  shall  lay  their  hands  upon  the  heads  of  the  Levites  as  22)"™*  '  ^ 
a  sign  that  they  are  an  offering  to  Jehovah  in  behalf  of  the  na- 
tion. Two  bullocks  shall  also  be  provided  with  the  proper 
meal-offerings.  Upon  the  heads  of  each  the  Levites  shall  lay 
their  hands  ;  and  then  one  of  the  animals  shall  be  sacrificed  as 
a  sin-offering  and  the  other  as  a  burnt-offering  for  their  cere- 
monial cleansing  and  consecration.  Then  the  Levites  shall 
enter  upon  their  duties  in  the  sanctuary. 

*  I  Chr.  23  to  26  contains  many  valuable  suggestions  regarding  the  po 
sition  and  duties  of  the  Levites  in  the  post-exilic  period  when  the  chronicler 
lived. 

>  The  entire  section  is  apparently  a  late  addition  to  the  Priestly  code  and 
in  itself  a  composite.  In  the  older  portion  Moses  is  commanded  to  superin- 
tend the  ceremony,  in  the  later  Aaron.  The  original  Priestly  code  knows 
nothing  of  a  consecration  ceremony  for  the  Levites. 

28s 


Ceremonial  Laws  The  Messages  of 

(3)  Duties  (Num.  3:5-9;   18:  1-6;  8  :  15,  24-26;  i  :  47.53 ; 

3:  25-37;  4:4,  5»  i5»  24-33) 

Priestly  Codes. 
Ke«spers  of       (P)  The  Levites  shall  take  charge  of  the  sanctuary  and 
ary  (Num.    its  fumiture,  doing  all  the  menial  work  required  to  keep 
Xz)^'  ^^   these  in  proper  order. 

Guardians  They  shall  guard  the  sanctuary  and  the  sacred  things, 
things^^*^"^*  that  no  foreigners  or  persons  ceremonially  unclean  may 
6^1™" i^  •  ^:  approach  and  desecrate  them.     They  themselves,  however, 

shall  not  be  allowed  to  touch  the  sacred  vessels  or  the  altar. 
Assistants  of  They  shall  be  the  servants  of  the  priests,  assisting  them 
(Num!i8?2;  ^^  ^^  performance  of  all  their  duties  in  connection  with 
8: 15, 24, 25)  ti^g  service  of  the  sanctuary. 

Porters  (Ps)  They  shall  also  be  the  burden-bearers,  carrying  the  uten- 

(Num.  1 :  47-  gjjg  ^^^  objects  used  in  the  service,  even  as  in  the  wilderness 

37  ;  4 :  4»  5.   they  bore  the  furniture  and  different  parts  of  the  tabernacle.* 
15.  24-33) 

(4)  Property  and  Means  of  Support  (Num.    18  :  21,  23,  24; 

31  :  28-30,  47;  35  :  1-8 ;  Lev.  25  :  29-34) 

Priestly  Codes. 
A  tithe  of         (P)  A  tithe  of  all  the  income  of  the  Israelites  shall  be 
prlduclr'^  turned  over  to  the  Levites  for  their  support,  since  they 
(Num.  18 :    jjj^^g  j^Q  inheritance  of  their  own. 

81,  33,  24) 

»  1  Chr.  23  :  30  adds  that  it  was  the  duty  of  certain  of  the  Levites  "  to 
stand  every  morning  and  evening  to  thank  and  praise  Jehovah,"  that  is  to 
act  as  temple  singers. 

286 


IsraeVs  Lawgivers  Ceremonial  Laws 

(P»)  One  one-hundredth  of  all  the  persons  captured  by  the  Share  in  the 
Israelites  in  war,  or  an  equivalent,  shall  be  given  by  the  people  (Num^srf^ 
to  the  Levites  in  return  for  their  services  at  the  sanctuary.  28-30,  47) 

According  to  a  late  tradition,  Jehovah  through  Moses  com-  Forty-eight 
manded  that  the  Israelites  should  set  aside  forty-eight  villages,  their  sub- 
with  the  pasture  lands   about  for  a  radius  of  half  a  mile,  as  given  to 
possessions  and  places  of  abode  for  the  Levites.  *^*;"J  ^Num: 

While  according  to  the  law  of  the  year  of  jubilee  a  man  buy-  -^^  property 

ing  a  house  in  a  walled  town  from  another  Israelite  can  at  the  ^\  ^^e  Le- 
**  vites  to  be 

end  of  a  year  secure  a  permanent  title,  the  rule  shall  not  ap-  sold  in  per- 

ply  to  the  walled  towns  of  the  Levites.     At  any  time  when  they  (Lev'.% :  29- 

have  the  means  they  may  buy  back  their  ancestral  property  34) 

which  they  may  have  sold,  and  all  shall  revert  to  them  on  the 

fiftieth  year  of  jubilee.     The  suburban  land  about  each  of  their 

towns  shall  not  be  sold  at  all,  for  it  is  common  property. 

3.   The  Priests 

(l)  Qualifications  Requisite  for  the  Performance  of  Priestly 

Service  {htv.  21  :  16-24) 
Priestly  Codes. 

No  member  of  the  priestly  tribe  who  has  any  physical  Freedom 
defect,  either  the  result  of  birth  or  accident,  or  who  is  suf-  p^h^iclf3^ 
fering  from  a  loathsome  disease  shall  be  eligible  for  ser-  ^^^}  ^^\ 
vice  in  connection  with  the  sanctuary,  nor  shall  he  be  per- 
mitted to  approach  the  temple  or  altar.     He  shall,  however, 
share  with  his  kinsmen  the  portions  of  the  sacrificial  offer- 
ings which  fall  to  the  priests. 
287 


Ceremonial  Laws  The  Messages  of 


(a)  Consecration  of  the  Priestly  Office  (Lev.  8;   9;  Ex.  29  :  i- 
2S.  35,  36;  40:  12,  14.  15) 

Priestly  Codes. 

Washing  (Ps)  The  initiation  of  a  priest  into  his  sacred  office  involves 

&*!%:4;'  four  distinct  symbolic  acts  of  purification  and  consecration.' 

40 :  12)  First  he  must  be  bathed  in  front  of  the  sanctuary. 

(Lel^'s?  13  ;      Then  he  shall  be  clothed  with  the  garment,  the  girdle,  and 

Ex.  29:8, 9:  the  turban  worn  by  the  priests  in  performing  their  duties. 

Anointing  ^^  shall  also  be  anointed  with  the  sacred  oil. 

(Lev.  8  :  30;      Finally  for  seven  successive  days  certain  expiatory  offerings 

Sacrifices      shall  be  presented.      These  shall  consist  of  a  young  bullock, 


and  rites  of   upon  the  head  of  which   the  initiate  shall  first  lay  his  hands, 
initiation  ^  .        _     .  t       «  1       j     1     n   1 

(Lev.  8 :  cf.  Then  it  shall  be  killed  as  a  sm-oflermg.     Its  blood  shall  be 

as.^si  36)  *"  sprinkled  upon  the  horns  of  the  altar  by  the  officiating  priest 
and  the  rest  of  the  animal  burned,  after  all  its  blood  has  been 
poured  out  before  Jehovah.  Likewise  a  ram  shall  be  sacri- 
ficed as  a  whole  burnt-offering.  After  the  initiate  has  thus 
been  symbolically  purified,  he  shall  lay  his  hands  upon  the 
head  of  another  ram,  which  shall  then  be  killed  and  with  its 
blood  the  officiating  priest  shall  smear  the  tip  of  the  right  ear 
and  the  great  toe  of  the  right  foot  of  the  candidate  and  sprinkle 
the  altar.  With  the  blood  flowing  at  the  foot  of  the  altar  he  shall 
also  sprinkle  the  initiate,  as  a  symbol  of  his  complete  purifica- 
tion and  consecration  to  Jehovah's  service.  Then  the  sacri- 
ficial portions  of  the  ram  and  the  accompanying  cereal-offerings 

»  The  order  varies  in  the  different  sources.     The  details  of  the  sacrifice 
also  present  many  variations,  being  more  complex  in  the  later  sources. 
288 


IsraeVs  Lawgivers  Ceremonial  Laws 

shall  be  placed  in  his  hands  and  ne  shall  advance  and  present 
them  before  Jehovah,  and  the  officiating  priest  shall  burn  them 
upon  the  ahar.  The  novice  thus  initiated  into  his  duties  shall 
then  be  allowed  to  prepare  certain  of  the  flesh  of  the  second 
ram  and  eat  it,  together  with  the  sacrificial  bread.  Each  day 
for  seven  days  these  rites  shall  be  repeated,  while  the  initiate 
remains  constantly  in  front  of  the  sanctuary.  At  the  close  of 
the  week  he  shall  be  admitted  to  the  full  rights  and  duties  of 
the  active  priesthood. 

(3)  Clothing  (Lev.  8:13;  Ex.  28  :  40-43 ;  29  :  8,  9 ;  40  :  14) 

Priestly  Codes. 

(Ps)  The  distinctive  costume  of  the  priests  when  engaged  in  Distinctive 
their  sacred  duties  shall  be  short  linen  trousers,  with  tunics,  when™ffici- 
girdles  and  turbans,  especially  made  for  them.  ^*J^S  (<^^' 

(4)  Ceremonial  Cleanliness  (Lev.  21  :  1-8;   22:  I -9;    lo:  8,  9, 

6,  7;   Ex.  30:  17-21) 
Priestly  Codes. 

(Ph)  A  priest  shall  not  render  himself  ceremonially  un- To  avoid 
clean  by  coming  into  contact  with  a  corpse,  except  that  of  f J"  dead^ 
a  near  kinsman,  for  he  is  the  representative  before  the  ^^^y-  ^'^  '• 
people  of  the  principle  of  purity. 

He  shall  not  desecrate  his  person  by  shaving  the  top  of  Mutilation 
his  head  or  by  cutting  off  the  corners  of  his  beard  or  by  °l?v.Ti": 
making  incisions  in  his  flesh,  as  do  the  devotees  of  heathen  ^'  ^^ 
gods,  for  he  is  consecrated  to  the  service  of  Jehovah. 
289 


Ceremonial  Laws  The  Messages  of 

Unworthy        He  shall  not  marry  a  public  or  a  religious  prostitute  nor 

marriage  . .  , 

(Lev.  21 :      a  divorced  woman. 

I:  ^\     .         No  priest  shall  approach  to  the  holy  things,  which  the 

To  abstain  ,'^,  ^^,  ^,  ,,,. 

from  contact  peoplc   havc  consccratcd   to  Jehovah,  when  he  is  cere- 
thin/c^re-    monially  unclean ;  nor  shall  he  eat  of  the  consecrated  food 
Sfnwi^ev!   when  suffering  from  leprosy  or  a  loathsome  disease  or 
22:1-9)        when  he  has  come  into  contact  with  anything  unclean. 
When  he  is  rendered  ceremonially  unclean  by  touching 
anything,  he  shall  remain  so  until  sunset,  and  then  he 
shall  bathe  in  water  and  may  eat  of  the  food  which  be- 
longs to  him  as  a  priest.    From  the  flesh  of  animals  dying 
a  natural  death  or  torn  by  beasts  of  prey  he  shall  carefully 
abstain.     If  he  does  not  faithfully  keep  himself  ceremo- 
nially clean,  his  infidelity  and  impiety  will  cost  him  his 
life. 
To  take  no       (P)  While  performing  their  duties  in  the  sanctuary  no 
(Lev!  K)"^^    priest  shall  ever  drink  wine  or  any  other  intoxicant. 
8, 9)      ' 

To  refrain  (P^)  Let  no  priest  come  into  contact  with  the  dead  or  take 
ine^L^v?™'  P^^^  ^^  ^^  r\\.t%  of  mouming,  even  for  a  near  kinsman,  when 
10 :  6,  7)        on  duty  in  the  sanctuary. 

To  wash  (Ps)  Every  priest  must,  under  penalty  of  death  if  he  is  neg- 

ing  upon  ^    hgent,  wash  his  hands  and  feet  in  the  brazen  laver  near  the 

their  duties  ^Itar  each  time  when  he  enters  the  sanctuary  or  offers  a  sacri* 
(Ex.  30 :  17-  -  ' 

31)  fice. 


290 


IsraeVs  Lawgivers  Ceremonial  Laws 

(5)  Authority  over  the  Levites  (Num.  3  :  5,  6,  9;  18  :  i^,  2^; 

4:  27,  28) 
Priestly  Codes. 

The  Levites  are  given  to  the  priests  as  servants  and  Levites  their 
shall  be  subject  to  their  command.  Iwe"/^  ^''^' 

(6)  Duties  (Num.  18  :  i,  2^  S,  7^;  4  :  5-16;  Lev.  3;   17  :  6; 

I  ;  2  :  1-9,  14-16;   10  :  10,  11 ;   13  and  14) 

Priestly  Codes. 

The  priests  shall  have  charge  of  the  sanctuary  and  the  To  minister 
altar  and  all  the  sacred  paraphernalia  belonging  to  them.  uaJy^(Num!' 

In  the  case  of  every  sacrifice  of  peace-offering  to  Jeho-  ^f ;  ^'.^\6) 
vah  the  priests  shall  take  the  blood  of  the  animal,  after  it  To  present 
has  been  killed  by  the  offerer,  and  shall  sprinkle  it  upon  ;Jsp g^lai  por- 
the  altar  and  burn  there  the  altar-portions  (including  the  sa^rifke^^*^** 
fat,  kidneys  and  caul).     If  the  sacrifice  is  intended  as  a  (Lev.  3:17: 
burnt-offering,  the  priests  shall  sprinkle  the  blood  of  the  14-16) 
slain  animal  above  the  altar  and  then  cut  up  the  carcass, 
wash  the  legs  and  the  inwards  and  then  burn  the  whole  as 
a  gift  to  Jehovah. 

The  priests  shall  instruct  the  common  people  regarding  To  instruct 
the  distinctions  between  what  is  ceremonially  clean  and  She  fitual^^" 
unclean  and  teach  them,  so  that  they  may  be  able  to  con- ^^^^^- ^° • 
form  to  the  detailed  demands  of  the  ritual. 

To  the  priest  shall  also  be  brought  every  supposed  case 
of  leprosy.     If  on  examination  he  finds  that  hair  in  the 
291 


Ceremonial  Laws 


The  Messages  of 


To  distin< 
guish  cases 
of  leprosy 
(Lev.  13  :  1- 
8,  18.28) 


Anaesthetic 
elephanti- 
asis (Lev. 
13:  9-11) 

White  lep- 
rosy (Lev. 
13:12,  13) 


Tubercular 
elephantiasis 
(Lev.  13: 
14-17) 


Diseases 
akin  to  lep- 
rosy (Lev. 
13:  29-59; 
14  :  33-48) 


affected  part  has  turned  white  and  the  sore  is  deeper  than 
the  skin,  having  sunk  into  the  flesh,  he  shall  pronounce  it 
real  leprosy.  If  the  spot  be  white  but  not  deeper  than  the 
skin  and  the  hair  about  has  not  lost  its  color,  the  priest 
shall  keep  the  man  in  confinement,  and,  if  at  the  end  of 
fourteen  days  the  disease  has  not  spread  and  the  spot  is 
less  inflamed,  he  shall  decide  that  it  was  an  ordinary 
wound  or  boil  or  burn  and  shall  cause  the  man  to  wash 
his  clothes  and  shall  pronounce  him  ceremonially  clean. 
If,  however,  on  later  examination  he  finds  that  the  disease 
has  spread,  the  priest  shall  declare  it  to  be  a  case  of  lep- 
rosy. 

If  there  is  a  white  rising,  covered  with  white  hair  with 
inflamed,  raw  flesh  in  the  centre,  the  priest  shall  declare 
the  man  unclean,  for  it  is  a  clear  case  of  leprosy. 

If  the  leprous  marks  spread  like  white  scales  over  all 
the  body,  the  priest  shall  pronounce  the  man  clean,  for  it 
is  simply  a  case  of  white  leprosy,  which  will  in  time  peel 
off,  leaving  the  skin  sound  and  healthy. 

If  raw  patches  appear  on  the  body  of  a  victim,  the  priest 
shall  at  once  recognize,  unless  they  later  turn  white  (in 
which  case  they  are  harmless),  that  it  is  a  malignant  case 
of  leprosy. 

Similarly  the  priests  shall  carefully  investigate  all  al- 
leged cases  of  leprosy  or  scurvy  on  the  head  and  beard  or 
in  a  garment  or  house  and  render  their  decision,  directing 
what  shall  be  done. 

292 


Israel's  Lawgivers  Ceremonial  Laws 

The  priests  shall  sacrifice  the  guilt-offerings,  presented  To  officiate 
by  those  healed  of  their  leprosy  who  seek  thus  to  become  jUg  «re-^** 
ceremonially  clean.     They  shall  also  officiate  in  cleansing  ^ony  (Lev. 
a  house  of  a  pollution  akin  to  leprosy.  14 :  49-53) 

(7)  Means  of  Support  {l^um.  18:  20;  Lev.  7:  11-14,  28-36; 
10  :  14,  15  ;  Ex.  29  :  27,  28 ;  Num.  18  :  9,  10 ;  Lev.  6  :  24- 
26;  7  :  1-7;  5  :  11-13  ;  7:812:1-3;  6  :  14-18;  10  :  12; 
7  :  7,  9,  10 ;  Num.  6  :  19,  20 ;  18  :  26-32  ;  5  :  9,  lo ;  18 :  8, 
II,  14,  19;  15  :  20;  Lev.  27  :  1-29;  Num.  18  :  12,  13,  15- 
18;  Lev.  23:  15-20;  24:  5-8;  Num.  5:5-8;  31  :  25-29; 
18  :  26-32) 

Priestly  Codes. 

(P)  The  priests  shall  have  no  inheritance  in  Israel,  but  No  heritage 
their  income  shall  be  derived  from  a  variety  of  sources.       io)"™* '  " 

(Pt)  All  portions  of  the  peace-offerings  especially  pre-  Portions  of 
sented  to  Jehovah  shall  go  to  the  priests.     These  include  offerings*" 
an  unleavened  cake  mingled  with  oil,  an  unleavened  wafer  1^^28-36  "' 
anointed  with  oil,  and  a  cake  of  fine  flour,  mingled  with  i^-  '4, 15; 
oil,  which  shall  be  given  in  connection  with  each  praise-  28)' 
offering  to  the  sacrificing  priest.     If  an  animal  be  offered 
as  a  peace-offering,  the  breast  and  the  right  thigh  shall  be 
given  to  the  priests.  Major  por- 

After  the  altar-portions  of  animals  presented  as  sin-  or  sinand guUt- 
guilt-offerings  have  been  burnt  on  the  altar,  that  which  P^^^^^fg , 
remains  shall  go  to  the  priests.     The  same  rule  applies  to  9. 10;  Lev. 

,        ,^      '  t  n  6:24-26;  7: 

the  poor  man  s  offermg  of  flour.  1.7;  5: 11-13) 

293 


Ceremonial  Laws  The  Messages  of 

The  skin  of  (P^)  In  the  case  of  the  burnt-offering  the  priests  shall  have 

bgTctfvr  simply  the  skin  of  the  animal  sacrificed. 

A  ^ortJon  (P')  '^^^  pHcsts  shall  take  a  handful  of  flour  with  oil 

and  later  all  and  the  franklncensc  of  every  cereal-offering  presented  to 

of  the  cereal-  ^-^  * 

offerings  Jehovah  and  shall  burn  it  upon  the  altar.  That  which 
6^i4-iV;\'o*:  remains  may  be  eaten  by  the  priests.  Every  cereal-offering 
12 ;  7  :  7,  9,  baked  in  the  oven  or  baking-pan  or  cooked  in  the  frying-pan 
shall  go  to  the  officiating  priest.  All  cereal-offerings  shall  be- 
come the  possession  of  the  priests. 
Portion  of  Of  the  offerings  which  a  Nazirite  shall  present  in  ful- 
the  Nazirite  flimgnt  of  his  VOW  the  shouldcr  of  the  ram,  one  unleavened 

ottering  ' 

(Num.  6:19,  cake  and  one  wafer,  in  addition  to  the  usual  breast  and 

thigh,  shall  go  to  the  priests. 

Special  gifts      All  the  special  gifts,  which  the  people  present  to  Jeho- 

?Num.^5?9r  ^'^'^^'  ^"^  everything  of  their  possessions,  which  they  vol- 

10;  18:8.11,  yj^j-^j-ily  jjgclare  to  be  set  aside  for  him,  shall  belong  to 
14, 19;  15:      ,         / 
20;  Lev.  27:  the  priests. 

Firet  prod-        ^he  best  portions  of  the  olive-oil  and  of  the  wine,  a 

ucts  (Num.   cake  made  from  the  first  of  the  dough  of  each  baking,  and 

15:17)     '     the  first-ripe  fruits,  which  the  people  bring  to  Jehovah, 

shall  go  to  the  priests. 

The  first-         The  money,  paid  according  to  the  estimate  of  the  priests 

man  and       for  the  redemption  of  the  first-born  sons  of  every  family 

beast  (Num.  ^^^  f^^.  ^^  firstlings  of  all  unclean  beasts,  and  the  first- 

10  :  15-10  ;  '^ 

Lev.  27: 26,  born  of  all  clean  animals,  shall  go  to  the  priests,  with  the 
3^6-51)     "  exception  of  the  blood  and  fat  of  the  clean  animals,  which 
shall  be  burnt  on  the  altar. 

294 


IsraeV s  Lawgivers  Ceremonial  Laws 

(P**)  The  he-goat,  sacrificed  for  a  sin-offering,  and  the  Offerings  at 
two  lambs  of  the  peace-offering,  with  the  usual  cereal-  weSs°(Lev. 
offering  presented  at  the  feast  of  weeks,  shall  fall  to  the '3  =15-20) 
priests. 

(P)  The  twelve  loaves  of  showbread  shall  be  eaten  by  Loaves  of 
the  priests  after  they  have  been  presented  for  a  week  Sea^d  (Uv. 
before  Jehovah.  24 :  s-8) 

(Ps)  When  a  man,  who  has  wronged  another,  is  not  able  to  Sums  paid 
make  reparation  to  the  one  injured  or  to  his  heirs,  he    shall  fo/tifj^ries" 
pay  an  equivalent  of  the  original  amount,    increased  by  one- 1^"™-  5  =  5- 
fifth,  to  the  priests  as  Jehovah's  representatives. 

The  equivalent  of  one-one-thousandth  of  all  the  spoil  capt-  A  portion  of 
ured  by  the  Israelites  in  war  shall  be  presented  to  the  priests  Jar  O^unu^ 
by  the  members  of  a  victorious  army.  3»  >  25-29) 

(P)  A  tithe  of  the  tithe,  which  the  Levites  receive,  shall  Tithe  of  the 
be  presented  by  them  to  Jehovah  as  their  offering,  and  ig^*;^^ 
shall  become  the  possession  of  the  priests. 

4.  The  High  Priest 

(l)  Consecration  to  his  Office  (Lev.  6  :  20-22  ;  8 :  1-12,  30 ;  9* 
Ex.  29  :  1-7;  40:  12,  13) 

Priestly  Codes. 

The  ceremony  of  initiating  the  high-priest  into  his  office  initiation 
shall  be  similar  to  that  observed  in  the  case  of  an  ordi-  (l^aixTve) 
nary  priest  (cf.  p.  288-9),  except  that  he  shall  be  publicly 
295 


Ceremonial  Laws  The  Messages  of 

clothed  in  the  special  insignia  of  his  office,  and  his  head 
shall  be  anointed  with  the  sacred  oil. 

(2)  His  Clothing  {J^x.  28  :  2-39  ;  39  :  1-31) 

Priestly  Codes. 
The  robe  (P)  The  high  priest's  official  costume  shall  consist :   (i) 

3f,%j22-26)  o^  ^  rot)e  to  be  worn  over  the  inner  tunic.  It  shall  be 
made  of  purple  material,  sleeveless  and  with  an  open- 
ing at  the  top  so  that  it  can  be  put  on  over  the  head. 
Around  the  bottom  of  its  skirt  shall  be  alternately  colored 
pomegranates  (symbols  of  fertility)  and  golden  bells.* 
Mantle  (2)  The  shoulder  cape  or  mantle  shall  be  woven  of  gold, 

ifr'39^:  ii)  ^^^^'  pui'ple,  scarlet,  and  linen  threads  and  shall  be  pro- 
vided with  shoulder-pieces  and  a  breast-piece  of  the  same 
material.  On  each  of  the  shoulder-pieces  shall  be  fastened 
an  onyx  stone  and  on  the  two  stones  inscribed  the  names 
of  the  twelve  tribes  of  Israel. 
Breastplate  (3)  On  the  frout  of  the  mantle  and  fastened  to  the 
30^39 :  8-21)  shoulder-pieces  by  chains  of  gold  shall  be  placed  a  breast- 
plate made  of  the  same  material  as  the  mantle.  Twelve 
precious  stones,  each  inscribed  with  the  name  of  one  of 
the  tribes  of  Israel,  shall  be  set  in  its  face.  Inside  the 
breastplate  were  placed  the  sacred  Urim  and  Thummim 
wherewith  the  priests  in  earlier  times  ascertained  the  divine 
will. 

*  Probably  intended  originally  as  amulets  to  keep  away  evil  spirits. 
296 


Israel's  Lawgivers  Ceremonial  Laws 

(4)  For  the  head  of  the  priest  shall  be  provided  a  turban  Mitre  (Ex. 
of  fine  linen.     Fastened  to  its   top  with  a  purple  cord  35  j  I^I^?)' 
shall  be  the  diadem  of  pure  gold  inscribed  with  the  title  : 
HOLY  TO  JEHOVAH. 

(3)  Ceretnonial  Cleanliness  (Lev.  21  :  10-15  ;   '^  :  8-10) 
Priestly  Codes. 

(Ph)  The  high  priest  shall  take  as  his  wife  no  woman  Marriage 
who  has  been  married  or  is  of  immoral  character,  but  a  vir-  ^}^^'  ^^ '  ^3' 
gin  of  his  own  tribe.* 

He  shall  not  mourn  for  or  come  in  contact  with  the  No  contact 
dead,  even  if  the  deceased  be  his  own  father  or  mother,  TMng^u?-' 
nor  shall  he  leave  the  sanctuary  or  do  anything  to  defile  it.  "^^^^^^^k' 

While  performing  the  duties  of  his  office,  he  shall  never  No  intox- 
take  any  intoxicating  drink.  i^rs-i^^* 

(4)  Duties  (Ex.  28  :  29,  30;  Lev.  16;  Ex.  30  :  10) 

Priestly  Codes. 

The  high  priest  shall  always,  when  he  goes  into  the  Offer  sacrf- 
holy  of  holies,  wear,  inscribed  upon  his  breastplate,  the  eSter^the 
names  of  the  children  of  Israel :  and  each  year  he  shall  S^Jj^ayJ^i^ 
officiate  on  the  day  of  atonement,  offering  sin-  and  burnt-  ^^^^^^^^ 
offerings  for  himself  and  for  the  nation.  (cf.  above) 

»  "  Of  his  father's  kin "  is  interpreted  as  above  by  the  Septuagint  and 
Philo,  although  the  expression  might  include  all  members  of  the  Israelitish 
race. 

297 


Ceremonial  Laws  The  Messages  of 


VI 


REGULATIONS     REGARDING     CEREMONIAL    CLEANLI- 
NESS 

Underlying  all  the  ceremonial  laws  of  the  Old  Testa- 
ment is  the  conception  of  Jehovah  as  a  holy  God.  The 
refrain,  "  Be  ye  holy  even  as  I  am  holy,"  is  sounded  re- 
peatedly in  each  of  the  codes.'  The  original  content  of 
this  term  seems  to  have  been  that  of  separation  from  that 
which  is  earthly,  unclean,  or  in  any  sense  imperfect.  In 
time  holiness  was  regarded  as  a  quality,  and  even  is  spoken 
of  as  capable  of  being  communicated  like  ceremonial  un- 
cleanliness.'  The  term  "  holy  "  was  also  variously  inter- 
preted by  Israel's  different  classes  of  teachers.  The 
prophets  seemed  to  have  employed  it  in  its  generally  ac- 
cepted modern  sense  to  designate  moral  attributes.  Thus 
Isaiah  in  his  famous  vision  cries  out  when  confronted  by 
the  Holy  One  :  "  Woe  is  me  !  .  .  .  because  I  am  a 
man  of  unclean  lips  "  (Isa.  6  :  5).  The  priests,  however, 
defined  it  in  the  terms  of  the  ritual,  embodying  in  concrete 
ceremonial  laws  the  idea  of  the  separateness  of  Jehovah, 
and  therefore  of  everything  which  came  into  intimate  con- 
tact with  him.  Although  with  them  holiness  was  never 
absolutely  identified  with  ceremonial  cleanliness,  it  was  im- 

»  Cf.  p.  246. 

•  Cf.  W.  R.  Smith,  Religion  of  the  Semites,  zd  ed.,  450  ff. 
298 


IsraeVs  Lawgivers  Ceremonial  Laws 

possible  without  it.  Hence  they  required  that  all  offerings 
presented  to  the  Holy  One  should  be  perfect  in  character, 
that  the  priests  who  ministered  to  him  should  be  ceremo- 
nially clean,  that  his  people  should  eat  nothing  which 
would  defile,  and  that,  if  they  came  into  contact  with 
anything  unclean,  they  should  be  cleansed  before  ap- 
proaching him  in  worship.  Thus  by  this  effective  sym- 
bolism they  constantly  emphasized  and  impressed  upon 
the  minds  of  the  people  the  holy  character  of  Jehovah 
and  their  obligations  to  him. 

The  general  principle  is  obvious.  The  detailed  reasons 
which  led  the  Israelites  to  designate  certain  animals  as 
clean  and  others  as  unclean  for  food,  are  not  always  clear. 
Blood  was  regarded  as  the  life  of  an  animal,  for  when  that 
was  poured  forth  all  that  remained  was  inanimate  matter. 
Hence  from  earliest  times  blood  was  sacred  to  the  deity 
and  no  Israelite  was  allowed  to  eat  it.  The  presence  of 
blood  probably  explains  why  the  flesh  of  animals  mangled 
by  beasts  of  prey  or  of  those  dying  a  natural  death  was 
placed  under  the  ban.  The  flesh  of  beasts  and  birds  of 
prey  was  prohibited  because  they  ate  the  blood  of  their 
victims.  Scavengers  of  every  kind  were  regarded  as  un- 
clean for  the  same  reason  and  because  of  their  habits. 
The  limiting  of  clean  animals  to  the  order  of  the  rumi- 
nants at  once  excluded  all  belonging  to  the  preceding 
classes,  including  swine.  Thus  the  principle  of  not  eating 
blood  and  of  avoiding  everything  which  seemed  unclean 
299 


Ceremonial  Laws  The  Messages  of 

or  which  was  revolting  to  the  sense  of  decency,  explains 
most  of  the  distinctions  between  clean  and  unclean.  The 
reasons  underlying  the  prohibitions  against  the  hare,  the 
rock-badger,  and  the  lapwing  are  not  so  clear.  They 
may  represent  survivals  of  totemistic  ideas,  or  possibly  it 
was  simply  because  their  habits  or  flesh  seemed  repulsive 
to  the  Israelites.  Innate  aversion  doubtless  explains  the 
strenuous  prohibitions  against  all  creeping  things  and  all 
inhabitants  of  the  water  which,  like  the  eel,  were  not  pro- 
vided with  both  scales  and  fins.  Everything  especially 
offensive  or  disgusting  to  the  primitive  aesthetic  sense  or 
suggestive  of  corruption  were  classified  as  unclean  and 
therefore  capable  of  imparting  ceremonial  impurity.  Thus 
human  uncleanness,  leprosy  and  kindred  loathsome  dis- 
eases, leaven,  and,  possibly  for  the  same  reason,  the 
bodies  of  the  dead  were  in  varying  degrees  regarded  as 
sources  of  ceremonial  contagion.  The  same  motive 
which  led  Isaiah  the  prophet  to  cry  out  "  I  am  a  man  of 
unclean  lips,"  and  which  finds  expression  in  the  law  that 
only  animals  without  physical  defects  shall  be  presented 
to  Jehovah,  apparently  shaped  most  of  the  enactments 
regarding  ceremonial  purity  :  a  perfect  God  demands 
worshippers  free  from  all  taint  of  impurity  or  imperfection. 
Doubtless  other  ideas  also  exercised  their  influence.  A 
leper  may  have  been  placed  under  the  ban  because  he  was 
regarded  as  smitten  of  God.  The  belief  in  the  potency  of 
a  corpse  to  impart  ceremonial  uncleanness  may  also  be  an 
300 


Israels  Lawgivers  Ceremonial  Laws 

inheritance  from  an  age  when  evil  spirits  were  supposed 
to  haunt  the  bodies  of  the  dead. 

I.  Food 

(l)  Clean  and  Unclean  Animals,  Fish  and  Birds  (Dt.  14 : 
3-20;  Lev.  II  :  1-23,  26,  27,  29,  30,  41-47;  20  :  25,  26) 

Deuteronomic  and  Priestly  Codes. 

Only  the  flesh  of  ruminating  animals,  such  as  the  ox,  Only  rumi- 
the  sheep,  the  goat,  the  hart,  the  gazelle  and  the  roebuck,  ilSais^whkh 
which  also  part  the  hoof,  shall  be  proper  food   for  the  g^y^jj,^f^jj°* 
Israelites.     The   meat   of   ruminating  animals,  like   the  (Dt.  14 : 3-8 ; 
camel,  the  hare  and  the  rock-badger,  which  do  not  part  26, 27) 
the  hoof,  or  like  the  swine  which  part  the  hoof  but  do  not 
chew  the  cud,  is  unclean  and  shall  not  be  eaten  or  touched 
by  the  people  of  Jehovah.  Only  fish 

The  flesh  of  all  fish,  having  both  fins  and  scales,  is  proper  fins  and 
for  food.     All  other  creatures  inhabiting  the  water  shall  ^^^^^^  ^^^ 
be  regarded  as  unclean.  J^^y-  "  •  9- 

The  flesh  of  all  birds  of  prey,  like  the  eagle,  of  birds  no  birds  of 
like  the  raven,  the  vulture  or  the  heron  which  feed  on  car-  Sf^JIt^birjis 
rion  or  upon  unclean  fish  or  creeping  things,  or  of  night-  (Dt.  14 :  n- 
birds,  like  the  owl,  or  of  bats,  shall  be  regarded  as  unclean  13-19) 
and  therefore  unfit  for  food.  No  creeping 

Insects,  like  the  locusts  which  leap  with  their  hind  legs,  J^'^fg;  Lev. 

are  good  for  food  ;    otherwise  all  insects  and   animals  "  =  20-23. 

29,  30,  41- 
which  creep  upon  their  feet  are  to  be  treated  as  unclean.    45) 

301 


Ceremonial  Laws  The  Messages  of 

Israelites  to  Inasmuch  as  the  Israelites  are  consecrated  to  Jehovah 
unclean  fo°od  they  shall  Carefully  avoid  ceremonial  defilement  through 
^h^^'xT-'xi'  eating  the  flesh  of  any  creature  classified  as  unclean. 

47) 

(2)  Injunctions  against  Eating  Blood  and  Fat  (Dt.    12  :   16, 

23-25  ;  15  :  23;  Lev.  17:  10-14;  19:  26a;  Gen.  9:4;  Lev. 

3:  17;   7:  23b-25) 

Deuteronomic  Codes. 

The  sanctity     The  blood  of  an  animal  killed  as  a  sacrifice  or  for  food, 

(Dt^^Ja'!  16,  shall  never  be  eaten  but  always  poured  out  upon  the 

23-25 ;  15 :    ground,  for  it  is  the  vital  element  which  gave  life  to  the 

animal  and  is  sacred  to  God,  the  source  of  all  life. 

Priestly  Codes. 
The  law  ap-      Resident  aliens  and  Israelites  are  alike  prohibited  from 
Siiens  and  ^°  eating  the  blood  of  any  creature  under  penalty  of  incurring. 
(L?v.^i*7^  10- Je^^^a'^'s  judgment,  for  the  blood  represents  the  vital, 
14;  i9:26«;  sentient  principle  which  distinguishes  animate  beings  from 
inorganic  matter  and  which  in  turn  is  accepted  by  God  as 
an  appropriate  offering  by  those  who  seek  to  win  his  favor. 
Hence,  whenever  any  beast  or  fowl  is  killed  for  food,  its 
blood  must  be  poured  out  on  the  ground  and  then  covered 
with  earth  before  the  flesh  is  eaten. 
Fat  never  to     Like  the  blood,  the  fat  of  animals  shall  never  be  eaten. 
(Le^^'3":  17 ;  The  fat  of  animals  dying  a  natural  death  or  torn  by  beasts 
7  ■  aa^-ss)     may  be  devoted  to  other  purposes,  but  never  eaten .    The 
man  who  transgresses  this  law  in  the  case  of  sacrificial 
animals  shall  be  the  object  of  divine  judgment. 
302 


Israel's  Lawgivers  Ceremonial  Laws 

(3)  Flesh  of  Animals   Torn  or  Dying  a  Natural  Death  (Ex. 
22  :  31  ;  Dt.  14  :  2ia;   Lev.  22  :  8,  9 ;   7  :  24;   17  :  15) 

Primitive  Codes. 

(E)  Meat  mangled  by  wild  beasts  shall  not  be  eaten  by  Meat  fom 
the  Israelites,  but  given  to  the  dogs.  (^x.^STsO 

Deuteronomic  Codes. 

The  flesh  of  an  animal  dying  a  natural   death  shall  Animals 
never  be   eaten   by  the   Israelites,  but  may  be  sold  to  uS'^eaST*' 
foreigners.  (01.14:21.) 

Priestly  Codes. 

The  flesh  of  animals  dying  a  natural  death  or  mangled  Aliens  and 
by  wild  beasts  shall  not  be  eaten  either  by  Israelites  or  a?iketo"b. 
resident  aliens.     "Whoever  does  so  shall  wash  his  clothes  and  stain  (Lev. 

22  :  o,  9 ;  7  : 
remain  ceremonially  unclean  until  evening.  24 ;  17  =  »5) 

(4)  Meat  that  has  Touched  anything  Unclean  (Lev.  7  '-  19*) 
Priestly  Codes. 

(Pt)  Meat  polluted  by  contact  with  anything  unclean  Polluted 
shall  not  be  eaten,  but  shall  be  consumed  by  fire,  (Lev.  7:  ig*) 

(5)  Leavened  Bread  {^x.  34  :  25a;   23  :  l8a  ;    12  :  18-20) 
Primitive  Codes. 

(JE)  No  leavened  bread  (which  contains  the  element  of  No  leaven 
corruption)  shall  be  used  in  connection  with  animal  sac-  sl'cnfices  ^ 
rifices.  iftx'ir^'' 


Ceremonial  Laws  The  Messages  of 

Priestly  Codes. 
No  leaven  (Ps)  No  Israelite  or  resident  alien  shall  eat  during  the  pass- 
duringthe"  o^er  week  any  food  which  contains  leaven.  Every  house 
passover  shall  be  carefully  cleansed  during  that  period  from  all  traces 
3o)  *  of  leaven.  Whoever  fails  to  observe  this  law  shall  be  de- 
prived of  the  religious  privileges  vouchsafed  to  the  Jewish 
people. 

(6)  Fruit  of  Young  Trees  (Lev.  19  :  23-25) 

Priestly  Codes. 

To  abstain  (P^)  Since  the  fruit  which  each  tree  bears  on  its  fourth 
fmUof*"^^  year  is  sacred  to  Jehovah,  as  the  first  worthy  offering  of 
fLev^i*'^**  the  products  of  the  tree,  no  man  shall  eat  any  of  its  fruit 
23-25)  until  it  has  reached  its  fifth  year. 

(7)  Rules  Regarding  the  Eating  of  Meat  (Dt.  12  :  15,  20-27; 
Lev.  17  :  3-9 ;   19  :  5-8 ;  7  •  ^S-i^;  22  :  10-16) 

Deuteronomic  Codes. 

Animals  If  it  is  inconvenient  to  take  the  animals,  which  the 

simplv^fo?**  Israelites  desire  to  slay  for  food,  to  the  central  sanctuary, 

i^2iS5)"'  ^^^^^  ^o  ^^^  them,  sharing  the  appointed  portions  with 

Jehovah,  they  may  kill  and  eat  them  at  home,  provided  of 

course  that  the  beast  belongs  to  the  class  of  clean  animals 

and  that  the  blood  be  poured  out  upon  the  ground.     All 

sacrificial  animals,  however,  and  those  given  in  payment 

of  a  vow  shall  be  slain  only  at  the  central  sanctuary. 

304 


IsraeVs  Lawgivers  Ceremonial  Laws 

Priestly  Codes. 

(P»')  Every  animal  to  be  slaughtered  for  food  shall  be  Animals  to 
brought  and  killed  in  the  court  of  the  sanctuary  that  the  JS-SwIthin 
sacrificial  portions  may  be  duly  presented  by  the  priest  to  Jjj^  g°"JJ^  °^ 
Jehovah.     The  one  who  slays  and  eats  without  observing  uary  (Lev. 
this  law  commits  a  mortal  offence  and  shall  be  deprived  of 
religious  privileges.* 

The  meat  of  any  animal  sacrificed  as  a  thanksgiving-  Eating  sacri- 
offering  must  be  eaten  on  the  day  of  its  presentation.  \ng%{\2v. 
That  which  is  presented  as  a  votive  or  voluntary  offering  J^JJj^ '  ^  * 
must  be  eaten  before  the  third  day  or  else  burnt.     Failure 
to  observe  these  regulations  is  a  grievous  crime  in  the 
eyes  of  Jehovah  and  will  bring  divine  judgment  upon  the 
offender. 

No  one,  not  an  actual  member  of  a  priestly  family,  shall  The  holy 
eat  of  the  objects  sacrificed  to  Jehovah,  which  therefore  be-  food  (Lev. 
long  to  the  priests  as  his  representatives.     Slaves  of  a  priest  ^^  *  ^""^^^ 
are  counted  as  a  part  of  his  household,  as  also  a  widowed 
or  divorced  daughter  who  returns  childless  to  her  father's 
home.     A  daughter,  however,  married  outside  the  priestly 
caste  shall  be  excluded  from  partaking.      Any  layman, 
who  without  knowing  it  eats  holy  sacrificial  food,  shall 
return  a  full  equivalent,  increased  by  the  addition  of  one- 

»  The  basis  of  this  law  may  have  been  the  usage  before  the  centralization 
of  all  the  ceremonial  religious  life  in  Jerusalem.  As  it  now  stands  in  the 
Priestly  code  it  abrogates  the  earlier  provision  of  Deuteronomy  and  makes 
the  slaughtering  of  an  animal  in  every  case  a  religious  act. 


Ceremonial  Laws  The  Messages  of 

fifth  more,  to  the  priest.  Whoever  deliberately  disregards 
these  laws  shall  be  guilty  in  the  eyes  of  Jehovah,  who 
alone  can  forgive  sins  and  make  men  holy. 

2.  Causes  and  Purification  of  Ceremonial  Uncleanness 

(i)  Loathsome  Diseases  (Dt.  24  :  8 ;  Lev.  13  :  45,  46 ;  Num. 
5:  1-4;   Lev.  22  :  4*;   14;   15) 

Deuteronoinic  Codes. 

Priests  to  Israelites  afflicted  with  leprosy  must  follow  explicitly 

whS\o  do*^^  the  direction  of  the  priests,  recalling  the  traditional  ex- 
(Dt  24 : 8)  ample  of  Miriam  who  was  excluded  from  the  camp  for 
seven  days.^ 

Priestly  Codes. 
Lepers  to  (Ps)  Every  person  afflicted  with  leprosy,  the  loathsome 

thdr  u™       evidence  of  divine  judgment,  shall  go  about  with  clothes 
("lcv^iT:      ^°^"  ^^^  ^^^^  dishevelled.     Whenever  he  shall  meet  any- 
45.46;  Num.  one,  he  must  put  his  hand  over  his  mouth  and  cry,  "  Un- 
as'": 4')'         clean,  unclean,"  that  no  one  may  approach  him  unawares 
and  be  ceremonially  polluted.     While  the  evidence  of  the 
foul  disease  is  upon  him  he  shall  be  unclean  and  shall 
never  be  permitted  to  enter  a  town  or  walled  city.     No 
priest,  while  afflicted  with  leprosy,  shall  be  permitted  to 
eat  of  the  sacred  food  presented  to  Jehovah  in  sacrifice. 
When  a  man  is  declared  by  the  priest  to  have  recovered 

»  C£.  Num.  12  :  14,  IS  (E>). 
306 


IsraeVs  Laivgivers  Ceremonial  Laws 

completely  from  what  appeared  to  have  been  leprosy,  he  Ceremonial 
shall  take  under  the  priest's  directions  two  clean  birds,  a  iepeT(Lev. 
One  shall  be  killed  over  an  earthen  vessel  filled  with  fresh  ^^  =  ^-^'  33- 
water ;  the  living  bird  shall  be  dipped,  together  with  sweet- 
smelling  cedar  wood,  brilliant  scarlet,  and  hyssop — the 
symbol  of  cleansing  * — in   the  blood  of  the  other  bird. 
Then  the  man  to  be  cleansed  shall  be  sprinkled  seven 
times  with  the  mingled  blood  and  water,  as  a  symbol  of 
the  re-establishment  of  his  communion  with  God  and  his 
fellow-men.     After  that  he  shall  be  pronounced  clean  by 
the  priest.     The  living  bird  shall  be  set  free  to  bear  away 
his  uncleanness.     After  he  has  washed  his  clothes,  shaved 
off  all  his  hair  and  bathed  in  water,  he  shall  again  be 
ceremonially  clean." 

[According  to  another  and  later  law],  he  must  on  the  seventh  Additional 

day  shave  off  all  his  hair,  not  excepting  his  beard  and  eye-  sacrifices 

brows,  wash  his  clothes  and   bathe  in  water.     Then  on  the  (Ley.  14 : 

9-20) 
eighth  day  he  must  appear  with  two  he-lambs  and  a  ewe-lamb, 

one  year  old,  and  the  ordinary  cereal-offering,  consisting  of 

meal  mingled  with  oil,  before  the  priest,  who  shall  set  the  man 

to  be  cleansed  before  Jehovah,  while  he  sacrifices  one  of  the 

he-lambs,  smearing  with  its  blood  the  tip  of  the  right  ear,  the 

thumb  of  the  right  hand,  and  the  great  toe  of  the  right  foot  of 

the  man  who  is  to  be  cleansed.     Then  the  priest  shall  pour 

iCf.  Ps.5i:7;  iK.4:33- 

'  Verse  8»>  is  evidently  an  editorial  addition,  intended  to  connect  the  two 
parallel  laws. 


Ceremonial  Laws  The  Messages  of 

part  of  the  oil  upon  the  man's  left  hand,  and,  taking  from  this 
a  portion  with  his  right  finger,  shall  sprinkle  it  seven  times 
before  Jehovah.  With  the  oil  remaining  in  the  man's  hand 
he  shall  smear  the  right  ear,  thumb,  and  great  toe  as  with  the 
blood.  The  rest  of  the  oil  he  shall  pour  upon  the  man's  head. 
After  this  the  priest  shall  present  the  two  remaining  animals 
as  sin-  and  burnt-offerings,  together  with  the  cereal-offering, 
upon  the  altar  to  complete  the  man's  ceremonial  purification. 
Require-  If  the  man  is  too  poor  to  provide  expensive  offerings,  he 

™*Joor  man  "^^7  Present  one  he-lamb  as  the  guilt-offering  and  two  turtle- 
(Lev.  14:21-  doves  or  young  pigeons  for  the  sin-  and  burnt-offerings. 
32) 

Personal  (P^  Persons  of  either  sex,  afflicted  with  chronic  dis- 

(Lel^TsT^*  charges,  shall,  like  the  lepers,  be  regarded  as  unclean  and 
capable  of  imparting  ceremonial  pollution  to  everything 
with  which  they  come  into  contact.  If  they  recover,  they 
shall  present  two  turtledoves  or  two  young  pigeons  for 
their  ceremonial  purification.  If  the  discharges  be  normal, 
the  pollution  may  be  washed  away,  in  which  case  the  period 
of  ceremonial  uncleanness  continues  only  until  sunset. 

(2)  Childbirth  (Lev.  12  :  1-8) 
Priestly  Codes. 
Purification       (P*)  A  womau  after  bearing  a  male  child  shall  be  cere- 
biJth  (Lev!    monially  unclean  for  forty  days,  or  in  the  case  of  a  female 
12 : 1-8)        child  eighty  days,  at  the  expiration  of  which  time  she  shall 
bring  to  the  temple  a  lamb  of  the  first  year,  as  a  burnt- 
offering,  and  a  young  pigeon  or  turtledove,  as  a  sin-offer- 
308 


IsraeVs  Lawgivers  Ceremonial  Laws 

ing  for  her  purification,  that  she  may  again  become  cere- 
monially clean.  If  she  is  too  poor  to  bring  a  lamb,  she  may 
substitute  a  young  pigeon  or  turtledove. 

(3)  Contact  with  the  Dead(Dt.  21  :  22,  23  ;  Num.  19  :  11-21 ; 

31  :  19) 
Deuteronomic  Codes. 

The  body  of  a  criminal  exposed,*  after  execution,  on  aPoUutionof 
tree  shall  not  be  allowed  to  remain  over  night,  but  must  Jhe  body  o^j 
be  buried  before  evening ;  for  a  criminal  thus  punished  mt"™!"^, 
has  polluted  the  people  among  whom  he  lived.     Therefore  23) 
his  corpse,  accursed  in  the  eyes  of  God,  if  allowed  to  re- 
main, will  impart  its  pollution  to  the  land. 

Priestly  Codes. 

(Pt)  Every  one  who  touches  a  corpse  or  human  bones  Result  of 
or  a  grave  or  enters  a  room  where  there  is  a  dead  body  a°coSseTnd 
shall  be  rendered  thereby  ceremonially  unclean.     Open  Jj®  pJ?^J|^ 
vessels  in  the  same  room  with  a  dead  body  shall  also  be  tio"  (Num. 
considered  ceremonially  unclean.     To  purify  these  and  all  31 :'  19) 
persons  polluted  by  contact  with  the  dead,  certain  of  the 
ashes  of  the  red  heifer,  specially  sacrificed  as  a  sin-offer- 
ing,' shall  be  mixed  with  fresh  water  and  sprinkled  upon 
them  by  some  one  ceremonially  clean.     Hyssop  shall  be 

1  The  body  was  thus  exposed  as  a  public  object-lesson.  There  is  no  evi- 
dence or  probability  that  hanging  was  ever  employed  by  the  Hebrews  for 
public  execution. 

»  Cf.  IX.  Sacrificial  offerings,  3.  (5)  The  Red  Heifer. 


Ceremonial  Laws  The  Messages  of 

employed  for  the  sprinkling,  which  shall  be  done  on  the 
third  and  seventh  days  after  exposure.  On  the  last  day 
the  unclean  persons  shall  wash  their  clothes  and  bathe  in 
water  and  at  sunset  shall  be  ceremonially  clean.  The  one 
who  neglects  to  observe  this  law  shall  be  deprived  of  religious 
privileges,  for  he  has  defiled  the  temple  of  Jehovah. 

(4)  Contact  with    the    Carcasses  of  Unclean   Animals  (Lev. 

5:2;   II  :  8,  24-27,  31-40) 

Priestly  Codes. 

Pollution  to       (PO  Every  person  or  object  coming  in  any  way  into  con- 

was^hinglt    tact  with  the  carcass  of  an  unclean  animal  or  creeping 

^"."f .^  ^^\  thing  shall  be  polluted  thereby.     They  shall  first  be  thor- 

24-27,  39. 40)  oughly  washed  and  then  shall  be  unclean  until  sunset. 

Earthen  vessels,  however,  and  all  cooking  utensils  polluted  by 

the  carcasses  of  creeping  things  shall  be  destroyed,  for  any 

food  or  drink  taken   from  them  will  pollute  the  one  partak- 

Specific         ing.     Fountains  and  wells  are  not  polluted  by  the  presence  of 

^Levf^iTl'si-  the  bodies  of  creeping  things,  for  they  contain  fresh  water. 

38)  The  same  is  true  of  dry  grain  to  be  used  as  seed,  but  not  of  grain 

moistened  with  water. 

(5)  Contact  with  Persons  Ceremonially  Unclean  (Num.  19:  22; 

Lev.  5:3;    15  :  5-12,  19-27) 

Priestly  Codes. 

Any  one  coming  into  contact  with  a  person  for  any 
reason  ceremonially  unclean  is  polluted  and  must  thor- 
310 


Israel's  Lawgivers  Ceremonial  Laws 

oughly  wash  himself.     He  remains  unclean  until  sunset.  Temporary 
Earthen  vessels  touched  by  one  who  has  an  issue  must  tbn^o^pe*' 
be  broken,  and  wooden  vessels  shall  be  clean  only  after  ^"J?^*"^** 
they  have  been  thoroughly  washed.  (cf.  above) 

(6)  With  Spoils  Taken  from  the  Heathen  (Num.  31  :  20-24) 

Priestly  Codes. 

(Ps)  All,  who  first  touch  spoils  captured  in  war,  shall  be  ren-  Purificarion 
dered  thereby  ceremonially  unclean.     Metal  objects  shall  be  and^of^those 
purified  by  being  subjected  to  fire  ;   others  by  being  thoroughly  ^"^^  touch- 
washed.     The  men  who  perform  this  service  shall  then  wash  (Num.  31 : 
their  own  clothes  and  remain  ceremonially  unclean  for  the  '^^'^*'' 
usual  period  of  seven  days,  at  the  end  of  which  time  they  may 
again  participate  in  religious  rites. 

3.  Special  Laws  of  Purity  Governing  the  Nazirites  and 
Priests  (Num.  6  :  7>-\2  ;  Lev.  21  :  1-15  ;  22  :  2-9) 

Priestly  Codes. 

(Pt)  If  a  man  or  woman  consecrates  himself  or  herself  to  Ceremonial 
Jehovah  by  making  the  Nazirite  vow,  he  must  abstain  dur-  fmposed"* 
ing  the  stipulated  period  from  all  products  of  the  vine,  in-  NTz^rTte 
eluding  wine,  vinegar,  intoxicating  drinks,  and  fresh  and^^"™'^^*^ 
dried  grapes.     In  the  second  place  no  razor  shall  touch  his 
head,  but  his  hair  as  a  part  of  his  person  which  is  wholly 
consecrated  to  Jehovah  shall  be  allowed  to  grow  long.   In 
the  third  place  he  must  avoid  all  contact  with  a  dead 
311 


Ceremonial  Laws  The  Messages  of 

body,  even  if  it  be  that  of  his  nearest  kinsman,  for,  like 
the  high  priest,  he  is  set  aside  wholly  to  the  service  of  Jeho- 
vah. 
Purification       If  he  is  accidentally  polluted  by  contact  with  a  corpse, 
?"atiS°ii^^"  ^^  must  offer  the  usual  purification  offerings.'     He  must 
renderS?^'^  also  on  the  scvcnth  day,  shave  off  his  hair,  lest  any  defile- 
upfiean        meut  cling  to  it.     After  he  has  presented  through  the 
priest  a  sin-offering  and  a  burnt-offering  to  insure  divine 
forgiveness  for  his  accidental  breaking  of  his  vow  and  has 
offered  a  he-lamb  as  a  guilt-offering,  he  must  again  con- 
secrate himself  to  Jehovah  for  the  period  originally  speci- 
fied in  his  vow. 
Priests  to         (Ph)  The  priests,  being  consecrated  to  Jehovah's  service, 
against  all     shall  ncvcr  allow  themselves  to  approach  a  dead  body 
fLev!^2i :  I-  except  in  the  case  of  the  death  of  a  near  kinsman.     A 
15 ;  22 :  2-9)  high  priest  shall  do  so  under  no  circumstances,  nor  shall 
he  even  mourn  the  death  of  his  parents.     A  virgin  of  his 
own  people  shall  he  marry.     The  ordinary  priests  shall 
take  to  wife  no  one  of  impure  character.     Only  the  priests, 
who  are  free  from  all  blemishes  and  physical  deformity, 
shall  be  eligible  for  the  service  of  the  sanctuary.     Contact 
with  any  person  or  thing  unclean  shall  render  them  cere- 
monially unclean  until  sunset.     Jehovah's  judgment  will 
be  upon  the  one  who  performs  the  sacred  duties  or  eats 
of  the  sacrificial  food  while  still  unclean. 

»  Cf.  p.  309. 
312 


IsraeVs  Lawgivers  Ceremonial  Laws 

VII 

THE    LAW   OF    CIRCUMCISION 

(Gen.  17  :  2-14 ;  21:4;  Lev.  12:3;  Ex.  12  :  48) 

The  origin  of  the  rite  of  circumcision  was  evidently  a 
subject  of  doubt  as  well  as  of  interest  to  the  minds  of  the 
Israelites.  One  tradition  (J)  represents  Jehovah  as  com- 
manding Joshua  to  circumcise  the  Israelites  at  Gilgal  after 
crossing  the  Jordan.  Thereby  he  "  rolled  away  the  re- 
proach of  Egypt."  The  original  narrative  (Josh.  5  :  2,  3, 
8,  9)  has  clearly  been  revised  by  a  later  hand  to  bring  it 
into  accord  with  the  priestly  conception  of  the  origin  of 
the  rite.  The  tradition  was  probably  suggested  by  the 
two  names,  "  Hill  of  Foreskins  "  and  Gilgal, "  Rolling,"  but 
in  its  original  form  it  was  apparently  one  of  the  most  pop- 
ular traditions  regarding  the  institution  of  the  custom. 
Exodus  4  :  24-26  associates  it  with  the  names  of  Moses 
and  implies  that  his  Kenite  wife  took  the  initiative  in  cir- 
cumcising her  son  in  order  to  deliver  her  husband  from 
the  wrath  of  Jehovah,  aroused  by  the  failure  of  Moses  to 
subject  himself  to  the  rite  before  entering  into  the  mar- 
riage relation.  Thus  this  tradition  points  to  a  non-  or  pre- 
Hebrew  origin.  The  later  priestly  writers  represent  it  as 
having  been  imposed  upon  Abraham  and  his  descendants 
by  God,  as  a  symbol  of  the  covenant  between  them  and 
their  God  (Gen.   17:2-14;    21:4).     In  this  way  they 

313 


Ceremonial  Laws  The  Messages  of 

project  it  back  to  the  very  beginning  of  their  history  as  a 
race.  Side  by  side  with  the  emphasis  laid  upon  it  as  a 
distinctive  mark  of  the  Israelites,  is  the  clear  recognition 
by  the  biblical  writers  that  it  was  shared  in  common  with 
their  neighbors.  The  familiar  designation,  "  uncircum- 
cised"  Philistines  clearly  indicates  that  these  comparatively 
late  invaders  of  Palestine  were  regarded  as  the  marked 
exception  to  the  rule.  As  is  well  known,  it  was  a  wide- 
spread custom  in  antiquity.  The  fact  that  it  was  practised 
only  by  the  western  Semites  gives  some  support  for  the 
assertion  of  Herodotus  that  they  adopted  it  from  the 
Egyptians  (II.  36,  204). 

While  the  Israelites  regarded  it  as  a  tribal  or  racial 
mark,  they  also  attributed  to  it  a  religious  significance. 
The  priestly  writer  declares  that  Jehovah  will  himself 
punish  with  death  the  neglect  of  it  (Gen.  17:  14).  In  the 
older  tradition  of  Exodus  4  :  24,  he  is  represented  as 
seeking  to  slay  Moses  for  the  same  crime.  Especially  in 
tropical  countries  sanitary  reasons  recommend  the  cus- 
tom, but  there  is  little  doubt  that  the  biblical  writers  are 
correct  in  implying  that  from  the  first  it  had  a  religious 
meaning.  The  customs  of  Semitic  peoples  at  the  more 
primitive  stages  of  development  suggest  that  it  was  orig- 
inally instituted  only  when  the  individual  attained  to  full 
manhood.  This  is  in  fact  implied  in  the  two  oldest 
prophetic  traditions  (cf.,  e.g.,  the  expression  "  bridegroom 
of  blood  ").  The  desire  from  the  earliest  period  to  put 
314 


IsraeVs  Lawgivers  Ceremonial  Laws 

the  child  under  the  protection  of  the  God  also  explains  the 
later  usage.^  Originally,  therefore,  it  seems  to  have  sym- 
bolized admission  with  full  marital,  tribal  and  religious 
rights.  As  such  it  was  also  a  tribal  mark.  Only  later 
did  the  prophets,  like  Jeremiah  (4:4;  9  :  25),  and  the 
priests  (Lev.  26 :  41)  interpret  it  as  a  symbol  of  purifica- 
tion. 

Priestly  Codes. 

(P*)  Every  male  Israelitish  child  shall  be  circumcised  Age  (Lev. 
at  the  age  of  eight  days.  " '  ^ 

(P)  Any  resident  alien  desiring  to  observe  the  feast  of  Resident 
the  passover  must  first  submit,  together  with  all  the  male  12T48)  ** 
members  of  his  household,  to  the  rite  of  circumcision. 
Then  he  may  enjoy  all  the  religious  privileges  of  a  native- 
born  Israelite. 


VIII 

SACRED   DUES 

From  the  time  of  the  establishment  of  the  Hebrew 
monarchy  the  conception  of  Jehovah  as  the  divine  King 
exerted  a  powerful  influence  on  the  thought  of  the  race. 
For  example,  the  temple  was  arranged  like  a  palace  with 

1  Cf.  W.  R.  Smith,  Rel.  Semites,  2d  ed.,  p.  328;  compare  also  the 
varying  usage  in  connection  with  the  rite  of  baptism. 


Ceremonial  Laws  The  Messages  of 

an  inner  chamber,  where  Jehovah  was  conceived  of  as 
dwelling,  and  an  outer  and  larger  audience  room,  with  a 
porch  and  court  in  front,  whither  the  people  brought  their 
tribute  and  gifts  and  where  they  communicated  with  him. 
In  Isaiah's  initial  vision  (Isa.  6),  he  is  ushered  into  the 
presence  of  the  divine  King  and  receives  commands  di- 
rectly from  his  lips.  It  was  most  natural  that  to  their 
divine,  even  as  to  their  human  ruler,  the  people  should 
feel  that  regular  tribute  was  due.  It  was  the  best  evi- 
dence of  loyalty  and  regarded  as  the  surest  method  of 
retaining  the  royal  favor.  The  regular  gifts,  which  the 
Israelites  brought  to  Jehovah,  were  precisely  similar  in 
variety  and  kind  to  those  which  they  brought  to  the  kings 
of  the  Davidic  house  before  the  destruction  of  the  mon- 
archy, except  that  the  best  and  only  the  best  were  due  the 
divine  King.  The  bitter  attack  of  the  author  of  the  Book 
of  Malachi  upon  his  contemporaries  for  failing  to  observe 
this  rule  (i  :  6-14)  vividly  illustrates  the  principle.  The 
first-born  of  herd  and  flock  and  the  first-fruits  were  uni- 
versally regarded  as  the  best,  even  as  the  first-born  son 
enjoyed  especial  rights.  It  was  appropriate  that  the  first 
product  of  the  generative  organs,  while  in  their  full  vigor, 
should  be  given  to  the  Creator  of  all  life.  Throughout  all 
Israelitish  history  certain  regular  sacred  dues  were  de- 
manded by  the  law.  After  the  overthrow  of  the  kingship, 
when  all  the  interest  of  the  nation  was  centred  in  the 
worship  of  Jehovah,  it  was  natural  that  there  should  be 
316 


Israels  Lawgivers  Ceremonial  Laws 

an  increase  in  the  amount  of  the  tribute  paid  him.  Then 
his  priestly  representatives,  who  were  the  recipients  of  his 
dues  from  the  people,  performed  the  functions  of  the  for- 
mer kings  as  well  as  those  peculiar  to  their  office.  If  the 
people  faithfully  paid  all  the  sacred  dues  demanded  by  the 
later  codes,  it  must  have  exhausted  their  resources ;  but 
Orientals  are  accustomed  to  turning  over  to  their  rulers 
most  of  their  income.  Above  all,  contrary  to  ordinary 
experience  in  the  East,  it  brought  its  recompense.  Peace 
of  mind  and  the  sense  of  duty  done  are  certainly  among 
the  most  valued  possessions  of  mankind.  The  psalms,  ex- 
tolling the  law,  and  the  readiness  of  Jewish  martyrs  to  die, 
if  necessary,  for  it,  are  conclusive  proofs  that  in  the  cen- 
turies immediately  following  the  institution  of  the  Priestly 
codes,  they  found  peace  and  joy  under  its  exacting  rule. 

I.  First-born  Sons  (Ex.  34  :  19a,  20c ;  22  :  29^ ;  13:11, 
I2C,  13C-16;  13  :  2  ;  Num.  3  :  11-13,  44-51  ;  8  :  16-18) 

Primitive  Codes. 

(J)  The  first-born  son  of  every  woman  belongs  to  Jeho-  An  equiva- 
vah,  and  if  not  consecrated  wholly  to  his  service,  the  par-  paid\°o^e- 
ents  of  the  child  must  present  to  the  Lord  an  equivalent  gJe^^first 
for   their  offspring.      Jehovah's  title  to  the  first-born  rests  born  (Ex. 
upon  the  fact  that  he  compelled  Pharaoh  to  let  the  Israelites  22  :  29b,  13  < 
depart  from  bondage  by  slaying  all  the  first-born  of  the  Egyp-  J^'v  ^^°'  '3'- 
tians.     The  institution,  therefore,  is  a  memorial  of  their  deliv-       .->■ 
erance  from  Egypt. 


Ceremonial  Laws  The  Messages  of 

Priestly  Codes. 
Levite  orig-  Originally  the  Levites  were  a  substitute  for  the  first- 
stitufed"for  bom  of  the  Israelites  who  belonged  to  Jehovah  by  virtue 
fEx'^i3T2-  o^  the  great  deliverance  which  he  accomplished  for  his 
Num.  3 :  II-  people  in  Egypt.  For  each  first-born,  for  whom  such  a 
8  :'x6-i8) '     substitution  was  not  made,  a  poll  tax  of  five  shekels  was 

to  be  paid. 

2.  First-born  of  Flock  and  Herd  (Ex.  34  :  19b,  2oa,b» 
13  :  1 1 -13;  22  :  30;  Dt.  14:23-27;  15  :  19-22;  Num. 
18  :  15-18 ;  Lev.  27  :  26,  27) 

Primitive  Codes. 
Time  and         (J)  The  first-born  male  of  all  domestic  animals  shall 
presentation  belong  to  Jehovah.     Calves  and  lambs  shall  be  allowed 
(Ex^^°^^^«>  ^°  remain  seven  days  with  their  mothers  and  on  the  eighth 
zo'.b ;  13 :    day  they  shall  be  presented  to  Jehovah.     For  the  young 
30)    *      '    of  asses — since  they  are  not  suitable  for  sacrifice — a  lamb 
or  kid  may  be  substituted.     Whoever  does  not  present  a 
substitute  must  break  the  neck  of  the  animal,  which  be- 
longs not  to  him  but  to  Jehovah. 

Deuteronomic  Codes. 
Animals  The  first-born  of  the  herd  and  flock,  after  having  been 

biem'iSI  to  properly  sacrificed  at  the  central  sanctuary,  shall  be  eaten 
a? temple  ^^  ^^°^^  presenting  them  to  Jehovah,  and  shared  with  the 
(Dt.  14 :  23-  dependent  members  of  the  community  and  especially  with 
82)     '        the   Levites.      Animals,   however,   having  any  blemish, 

318 


Israel's  Lawgivers  Ceremonial  Laws 

shall  not  be  offered  to  Jehovah,  but  shall  be  eaten  by  the 
family  at  home  and  shall  be  subject  to  no  ceremonial  lim- 
itations. If  the  distance  be  too  great  to  bring  conven- 
iently the  first-born  of  the  herd  and  flock  to  Jerusalem, 
they  may  be  sold  and  the  money  equivalent  expended  on 
sacrificial  food,  when  the  offerers  arrive  at  the  temple. 
With  this  they  shall  celebrate  the  feast  in  connection  with 
which  they  present  their  first-born  and  other  gifts. 

Priestly  Codes. 

(P)  The  first-born  of  all  clean  animals  shall  become  the  First-born  or 
possession  of  the  priests  after  the  sacrificial  offerings  have  liem^to'go 
been  presented  by  them  to  Jehovah.     Five  shekels,  or  the  JJfJ^^JI . 
equivalent  of  value  fixed  by  the  priests,  with  an  addition  of  one-  15-18 ;  Lev, 
fifth,  shall  be  paid  for  every  first-born  of  unclean  animals.  *^"  ^  '  ^^' 
If  the  owner  of  the  mother  of  the  first-born  refuses  to  accept 
the  estimate  of  the  priests,  or  refuses  to  pay  the  ransom,  the 
animal  shall  be  sold  at  the  price  thus  fixed. 

3.  First-fruits  (Ex.  34  :  26a;  23  :  19a;  Dt.  26  :  i-ii ; 
18  : 4;  Lev.  19  :  24;  23  :  10,  11 ;  Num.  15  :  18-21  ; 
Lev.  2  :  14-16) 

Primitive  Codes. 

(J)  The  first-fruits  of  the  soil  shall  be  brought  by  the  Presentation 
people  to  the  sanctuary  of  Jehovah.  af  ^'igi)  ^^ 


319 


Ceremonial  Laws  The  Messages  of 

Deuteronomic  Codes. 
First-fruits,       Each  year  every  Israelite  shall  put  the  first-fruits  of  his 
?ehov'3ifto°  ground  in  a  basket  and  bring  them  to  the  sanctuary. 
dJe^offew^  After  the  priest  has  placed  them  before  the  altar,  the 
(Dt.  26  : 1-   offerer  shall  recount  how  Jehovah  has  cared  for  and  led 
his  race,  delivering  it  from  the  bondage  of  Egypt  and  giv- 
ing it  the  fertile  land  of  Canaan.     Having  thus  expressed 
his  appreciation  of  Jehovah's  care,  he  and  his  family  shall 
joyfully  eat  the  first-fruits,  sharing  them  with  the  Levites 
and  resident  aliens. 
Also  first  In  addition  to  the  first-fruits  of  the  grain,  wine  and  oil, 

fleece  (18: 4)  gygjy  Israelite  shall  bring  to  Jehovah  the  first  fleece  of  the 
sheepshearing. 

Priestly  Codes. 
Fruit  of  trees     (pt)  All  the  fruit  which  a  tree  bears  on  its  fourth  year 
(Lev.  19:24)  gj^^jj  jjg  presented  to  Jehovah. 

First  sheaf  At  harvest  time  a  sheaf  of  the  first-fruits  shall  be  waved 
(^ev. 23. 10,  ^y  ^^  priest  before  Jehovah. 

First  prod-  (P*)  The  first  of  the  grain  of  the  threshing-floor  and  a 
threshing-  ^ake  made  of  the  first  coarse  flour  ground  in  the  mill  shall 
SSfuNum.    ^^^  ^^  presented  to  Jehovah. 

Detail  re-  (P^)  ^'^  presenting  a  cereal-offering  of  the  first-fruits,  early 

garding         heads  Of  wheat  roasted  in  the  fire  and  ground  to  a  coarse  meal 

manner  of  ° 

presentation  shall  be  employed.     Oil  shall  be  poured  on  it  as  in  the  ordinary 

x6)  ^  ^  '  ^^'  cereal-offering.     A  portion  of  it  shall  be  burnt  by  the  priest, 

together  with  frankincense,  as  a  memorial  to  Jehovah. 

320 


IsraeVs  Lawgivers  Ceremonial  Laws 


4.   Tithes  (Dt.  14  :  22-29;  26  :  12-15;   Lev.   27  :  30-33; 
Num.  18  :  26-32) 


Deuteronomic  Codes. 

The  Israelites  shall  bring  a  tithe  of  all  of  the  products  Disposal  of 
of  their  fields  and  vineyards  to  Jehovah  at  the  sanctuary  (01.^14^22- 
two  out  of  every  three  years  and  there  eat  it,  sharing  it  ^9) 
with  the  dependent  in  the  community ;  but  the  tithe  of 
the  third  year  shall  be  stored  up  in  the  different  towns  for 
the  use  of  the  Levites  and  the  needy. 

Each  Israelite  after  setting  aside  the  triennial  tithe  shall  A  safeguard 
solemnly  swear  before  Jehovah  that  he  has  withheld noth- ^.b^^^^^^ 
ing  of  that  which  was  due. 

Priestly  Codes. 

(Ps)  A  tenth  not  only  of  the  products  of  the  land  and  trees  To  apply  to 

but  also  of  the  herd  and  flock  shall  be  given  to  Jehovah.    Every  So^k  Ts^wcll 

tenth  animal,  as  it  passes  under  the  rod,  shall  be  set  aside  for  ^!  products 
Til*  .  ,      .  .    ,     .       ,  01  soil  (Lev. 

Jehovah.     Any  man  attemptmg  to  substitute  an  mferior  for  a  27  :  30-33) 

good  animal  shall  forfeit  both  to  Jehovah,  together  with  the 
right  of  redeeming  them.  Otherwise,  if  a  man  desires  to  pur- 
chase back  any  part  of  the  tithe  which  he  owes,  he  shall  pay 
its  value  and  one-fifth  in  addition. 


The  Levites,  whose  income  is  the  tithes  of  the  people,  Tithes  of  the 
shall  likewise  turn  over  as  their  offering  the  choicest  tenth  (^UI2^8 : 
of  the  same  to  the  priests.  «6-32) 

321 


Ceremonial  Laws  The  Messages  of 

5.  Poll- Tax  i^yi.  30:  12-16) 

Priestly  Codes. 

To  be  paid        (Ps)  Every  male  Israelite  twenty  or  more  years  old  shall  pay, 

adull  male     whether  he  be  rich  of  poor,  an  annual  poll-tax  of  half  a  tem- 

(Ex.  30  :  12-  pjp  shekel.'  The  income  from  this  source  shall  be  devoted  to 
16)  ^ 

the  support  of  the  service  of  the  sanctuary. 

6.    Voluntary  Offerings  (Ex.  34  :  20c ;  22  :  29a ;  Dt. 
16  :  10-17 ;  12:5-8;  Lev.  22  :  18,  19) 

Primitive  Codes. 

To  give  (J)  Of  the  abundance  of  their  fruits  and  of  the  products 

/ehovah       of  the  vine  shall  the  Israelites  give  to  Jehovah.    When  they 
if^^lo  ^°°'  S°  ^°  worship  him  at  the  sanctuaries  they  shall  never  fail 
to  bring  some  offering. 

Deuteronomic  Codes. 

Offerings  at  At  the  three  great  annual  feasts  every  male  Israelite 
fertivab"^  shall  bring  to  Jehovah  at  the  central  sanctuary  voluntary 
i?-^'  12  •  s°8)  offerings  in  proportion  as  he  has  been  prospered  and  is 

able.      These  shall  be  eaten  by  the  offerers  and  their 

households. 

Priestly  Codes. 
Animals  (P*')  Only  male  animals  without  physical  defects  shall  be 

(Le?.  2^:  18,  presented  to  Jehovah  as  voluntary  burnt-offerings. 

'^'  1  About  35  cents. 

322 


Israers  Lawgivers  Ceremonial  Laws 

7.  Things  Vowed  or  Devoted  to  Jehovah  (Dt.  23  :  21-23, 
18;  12  :  10-12,26;  Num.  6  :  2-21;  30  ;  1-16;  Lev.  27: 
1-29) 

Deuteronomic  Codes. 

No  one  is  obliged  to  make  a  vow  ;  but,  when  he  has,  he  Regulations 
must  not  be  remiss  in  performing  it,  for  negligence  in  so  ordfnaiy^ 
doing  is  a  sin  against  Jehovah  and  will  incur  the  divine  ^°^^  (^^ 
displeasure.     Money  gained  by  immoral  practices  shall  18 ;  12 :  10 
not  be  given  in  payment  of  a  vow,  for  all  social  immorality 
is  under  his  severe  condemnation.    Everything  presented  to 
the  Lord  in  the  discharge  of  an  ordinary  vow  shall  be  brought 
to  the  central  sanctuary  and  there   eaten  by  the  offerer,  his 
household,  and  the  needy  members  of  the  community. 

Priestly  Codes. 

(Pt)  When  men  or  women  take  the  Nazirite  vow,  they  significance 
consecrate  themselves  to  Jehovah  for  the  time  specified.  Sons°ofThe 
As  an  evidence  of  this  consecration  they  must,  while  subject  Nazirite 

•'  ■'        vow  (Num. 

to  the  vow,  touch  no  products  of  the  vine,  they  must  not  6: 2-21) 
allow  any  of  their  hair  to  be  cut,  for  all  their  person  is  con- 
secrated to  Jehovah,  and  they  must  not  under  any  conditions 
allow  their  ceremonial  sanctity  to  be  impaired  by  con- 
tact with  a  corpse,  the  symbol  of  corruption.  When  the 
period,  specified  in  their  vow,  has  passed  and  they  have 
discharged  its  obligations,  they  must  bring  to  Jehovah  a 
he-lamb  of  the  first  year  without  blemish,  as  a  burnt- 
323 


Ceremonial  Laws 


The  Messages  of 


offering,  a  ewe-lamb,  as  a  sin-offering,  a  ram,  as  a  peace- 
offering,  and  a  basket  containing  unleavened  bread,  cakes 
of  fine  flour  mingled  with  oil  and  wafers  anointed  with  oil, 
together  with  the  usual  cereal-  and  drink-offerings.  After 
the  priest  has  presented  these  to  Jehovah,  the  Nazirite 
shall  shave  off  his  hair  and  put  it  on  the  fire  under  the 
peace-offerings.  The  shoulder  of  the  ram,  one  of  the  un- 
leavened cakes  and  one  wafer  shall  be  placed  in  the  hands 
of  the  Nazirite  by  the  priest  and  then  shall  be  set  aside  for 
the  latter,  together  with  the  usual  priestly  portion.  After 
the  conclusion  of  these  rites,  the  Nazirite  is  absolved  from 
his  vow  and  may  drink  wine  as  before. 


Rules  re- 
garding 
vows  made 
by  women 
(Num.  30: 
Z-16) 


Tariff  ac- 
cording to 
which  things 
vowed  to 
Jehovah 
may  be 
redeemed 
(Lev.  27: 
X.29) 


(Ps)  Every  man  must  perform  all  the  obligations  assumed 
in  his  vow,  but  a  vow  made  by  an  unmarried  daughter  may  be 
annulled  by  her  father,  or,  if  made  by  a  wife,,  her  husband 
may  render  it  null  and  void  and  she  shall  be  completely  ab- 
solved from  her  obligation.  If,  however,  the  father  or  hus- 
band enter  no  protest  when  they  first  hear  of  the  vow,  it  shall 
be  confirmed  and  they  cannot  later  disannul  it.  A  vow  made 
by  a  widow  or  divorced  woman  cannoi,  be  disallowed,  for  there 
is  no  one  with  superior  authority  to  interfere. 

In  redeeming  persons  or  things  vowed  to  Jehovah  the  fol- 
lowing money  equivalents  may  be  offered  :  for  a  man  in  his 
prime  (between  the  years  of  twenty  and  sixty)  thirty  dollars* 

1  This  computation  is  on  the  basis  of  the  Syrian  standard  adopted  by 
Simon  the  Maccabee,  according  to  which  the  shekel  weighed  220  grains  and 
was  worth  therefore  about  sixty  cents. 


Israel's  Lawgivers  Ceremonial  Laws 

shall  be  paid,  for  a  woman  eighteen  dollars,  and  for  a  male 
child  between  the  years  of  five  and  twenty  twelve  dollars,  for 
a  female  child  half  as  much,  and  for  a  male  baby  under  five 
years  of  age  three  dollars,  and  for  a  female  one  dollar  and 
eighty  cents.  If  the  age  be  over  sixty  years  the  equivalent  for 
a  male  shall  be  nine  and  for  a  female  six  dollars.  If  a  person 
be  incapacitated  or  for  any  reason  not  equal  to  the  ordinary 
individual  in  the  class  to  which  he  belongs,  the  valuation  shall 
be  fixed  by  the  priest  in  accordance  with  the  ability  of  the  in- 
dividual in  question.  All  animals,  suitable  for  sacrifice,  shall 
be  presented  to  Jehovah  as  vowed.  The  priests  shall  fix  the 
value  of  unclean  beasts  and  houses  dedicated  to  Jehovah.  They 
may  be  bought  back  by  the  owner  at  the  price  thus  established, 
increased  by  one-fifth. 

The  value  of  a  field  shall  be  determined  on  the  basis  of  the 
amount  of  seed  required  to  sow  it.  Thirty  dollars  shall  be 
paid  for  every  portion  of  land  to  sow  which  a  homer  of  barley 
would  be  required.'  If  a  field  is  dedicated  to  Jehovah  after 
the  year  of  jubilee,  its  value  shall  be  estimated  proportionately 
to  the  time  still  remaining  until  the  next  year  of  jubilee.  If 
the  one  who  dedicated  it  desires  to  redeem  it,  he  can  do  so  by 
paying  the  price  and  a  fifth  in  addition.  If  he  has  previously 
sold  it  to  another  man,  it  shall  not  be  given  to  Jehovah's  repre- 
sentative the  priest  until  the  next  jubilee,  when  it  reverts  to 
the  man  thus  dedicating  it.     If  a  man  dedicates  a  piece  of 

*  The  valuation  seems  very  low,  but  it  will  be  recalled  that,  according  to 
2  S.  24  :  24,  David  paid  but  fifty  shekels  for  Araunah's  threshing  floor,  and 
Jeremiah  seventeen  for  Hananeel's  field  (Jer.  32  :  9). 


Ceremonial  Laws 


The  Messages  of 


Things  de- 
voted not 
to  be  re- 
deemed 
(Lev.  27  : 
28,  29) 


land,  purchased  by  him  but  subject  to  the  rights  of  the  original 
owner  on  the  year  of  jubilee,  he  shall  pay  to  Jehovah  the 
equivalent  for  his  temporary  possession  of  the  land  in  accord- 
ance with  the  valuation  of  the  priest.  First-born  animals  can- 
not be  given  in  payment  of  a  vow,  for  they  already  belong  to 
Jehovah. 

Things  dedicated  to  Jehovah  under  extraordinarily  stringent 
conditions  shall  not  be  sold  or  bought  back  again  by  the  one 
thus  presenting  them.  A  man,  who,  because  of  some  heinous 
crime,  comes  under  the  ban  of  Jehovah's  disfavor,  shall  not  be 
allowed  to  escape  by  the  payment  of  a  ransom,  but  must  die 
for  his  misdemeanor. 


8.    Spoils  of  War  (Num.  31  ;  25-54) 
Priestly  Codes. 

One  five-  (ps)  According  to  the  traditional  precedent,  associated  with 

to  be  given  the  name  of  Moses,  one  one-thousandth  of  all  the  spoils  of  war 
(Nu^m  ^liT^  w^^^  *o  ^^  given  to  priests  and  the  same  amount  to  the  Levites 
25-54)  as  a  special  gift  to  Jehovah. 


IX 


SACRIFICIAL    OFFERINGS 

Sacrifice  is  an  institution  common  to  all  ancient  Semitic 
religions.     It  was  the  most  natural   way  of  expressing 
gratitude  and  of  winning  the  favor  or  averting  the  dis- 
pleasure of  the  god.  Especially  was  this  true  in  antiquity, 
326 


IsraeVs  Lawgivers  Ceremonial  Lav;s 

when  the  deity  was  conceived  of  purely  after  the  analogies 
of  a  human  being.  Also,  in  the  East,  almost  anything 
can  be  secured  by  the  judicious  use  of  a  gift.  One  of  the 
earliest  Hebrew  laws  commanded  that  none  should  appear 
before  Jehovah  empty-handed  (Ex.  23  :  15).  It  was  also  in 
harmony  with  the  thought  of  primitive  man  that,  in  propor- 
tion as  offerings  were  prized  by  those  who  presented  them, 
they  were  believed  to  be  appreciated  by  the  god.  Therefore 
since  life  was  man's  most  valued  possession,  human  sac- 
rifice appears  from  earliest  times  to  have  been  regarded 
as  the  most  efficacious  type  of  offering.  This  hideous 
method  of  winning  the  pleasure  of  the  gods  was  resorted 
to  by  most  primitive  peoples  on  occasions  of  supreme  dis- 
tress and  need.  The  story  of  Abraham's  willingness  to 
sacrifice  his  son  Isaac,  Jephthah's  vow,  Saul's  determina- 
tion to  offer  even  his  son  Jonathan,  are  familiar  illustra- 
tions drawn  from  Hebrew  history.  In  the  days  of  Ahaz 
and  Manasseh  under  the  dominance  of  foreign  influences 
the  practice  was  temporarily  restored  in  Judah.  The  fact 
that  the  Hebrew  prophets  denounced  this  immemorial  and 
deeply  intrenched  custom  is  but  one  of  the  many  evi- 
dences of  their  divine  inspiration.  For  practical  and 
ethical  reasons  the  lives  of  beasts  and  birds  were  early 
regarded  as  offerings  almost  equally  acceptable  to  the 
gods.  In  Micah  6  :  6,  7  the  popular,  and  what  seems  to 
be  the  more  primitive  theory  of  sacrifice  finds  clear  ex- 
pression.    Oppressed  by  calamity,  the  people  are  repre- 

327 


Ceremonial  Laws  The  Messages  of 

sented  as  inquiring  whether  or  not  they  can  win  the  divine 
favor  by  burnt-offerings  or  thousands  of  rams  or  ten 
thousand  rivers  of  oil  or  by  the  sacrifice  of  their  first-born 
children.  It  is  the  magnitude  of  the  gift  or  its  cost  to  the 
offerer  which  is  expected  to  avert  Jehovah's  displeasure. 
It  is  significant  that  offerings  of  oil,  the  life  of  animals, 
and  the  life  of  a  cherished  son  are  placed  in  the  same 
category.  It  is  also  to  be  noted  that  Leviticus  5  :  7-13 
provides  that  a  poor  man,  unable  to  bring  a  lamb  or  birds 
as  a  sin-offering,  is  allowed  simply  to  present  three  quarts 
of  finely  ground  meal.  Possibly  this  is  a  later  digression 
due  to  the  influence  of  the  prophetic  teaching  which 
simply  emphasized  the  degree  of  self-sacrifice  involved. 
Primitive  Semitic  thought,  as  well  as  the  late  Jewish 
ritual,  gave  the  precedence  to  sacrifices  which  involved 
the  shedding  of  blood,  as  the  most  effective  means  of 
averting  the  displeasure  and  of  winning  the  favor  of  the 
deity,  when  a  crime  had  been  committed.  Thus  the  Israel- 
ites, to  avert  a  famine,  which  was  regarded  as  a  sign  of 
Jehovah's  displeasure  because  of  Saul's  treachery  towards 
the  Gibeonites,  allowed  seven  of  his  sons  to  be  "  hung  up 
before  Jehovah  "  (2  S.  21 : 1-9).  With  the  exception  noted 
above,  the  life-blood  of  some  creature  was  always  poured 
out  for  a  sin-offering.  "  Without  the  shedding  of  blood 
there  can  be  no  remission  of  sins  "  (Heb.  9  :  22)  voices 
what  seems  to  have  been  a  very  ancient  belief. 

Closely  akin  to  this  primitive  idea  was  the  conception 
328 


IsraeVs  Lawgivers  Ceremonial  Laws 

that  life-blood  was  effective  in  averting  malign  influences. 
The  earliest  tradition  (Ex.  12)  of  the  ancient  institution  of 
the  passover  represents  the  blood  of  the  lamb,  sprinkled 
on  the  door-posts,  as  that  which  delivered  the  households 
of  the  Israelites  from  the  divine  judgment  which  fell  upon 
the  first-born  of  the  Egyptians.  Even  so  in  Ezekiel's 
code  the  blood  of  the  sin-offering  was  to  be  sprinkled 
upon  the  door-posts  of  the  temple  and  of  the  gate  of  the 
inner  court,  precisely  as  in  Syria  to-day  the  same  rite  is 
observed  when  a  house  is  completed  or  newly  occupied,* 
in  order  to  insure  good  fortune  and  to  preserve  its  inhabi- 
tants from  death.  The  principle,  "a  Ufe  for  a  life,"  like 
"  an  eye  for  an  eye,"  finds  its  roots  in  the  remotest  heathen 
past.  The  teachings  of  the  prophets  were  not  sufficient 
to  dislodge  it  from  the  mind  of  the  Israelites  and  it  still 
finds  diverse  expression  in  the  popular  thought  of  the 
modern  inhabitants  of  Palestine. 

How  far  the  sacrificial  blood  was  originally  regarded  as 
the  symbol  of  a  covenant  between  the  deity  and  the  sacri- 
ficers  cannot  be  absolutely  determined.  This  interpreta- 
tion is  scarcely  germane  to  the  thought  of  primitive  man. 
The  covenant,  sealed  by  blood,  was,  however,  a  prominent 
institution  among  the  ancient  Semites  inhabiting  Arabia, 
even  as  it  is  to-day.  It  establishes  a  relation  between 
tribes  or  individuals  than  which  there  is  none  closer. 
Hebrew  history  furnishes  several  clear  examples  in  which 

I  Cf.  Curtiss,  Primitive  Semitic  Religion  To-day,  224  flf. 


Ceremonial  Laws  The  Messages  of 

animal  sacrifice  was  employed  to  seal  a  covenant  between 
Jehovah  and  his  people  (Gen.  15  :  9,  lo ;  Jer.  34  :  18,  19). 
The  familiar  symbolism  of  blood  must  constantly  have 
suggested  itself  to  the  Israelites.  Jesus'  familiar  words  in 
regard  to  the  blood  of  the  new  covenant  indicate  that  this 
interpretation  of  sacrifice  was  uppermost  in  his  mind. 
Since  food,  next  to  life,  was  the  most  desired  and  highly 
enjoyed  possession  of  primitive  man,  it  appears  to  have 
been  one  of  the  earliest  and  always  continued  to  be  the 
most  common  material  offered  to  the  gods.  Gifts  of  flax 
and  wool  (Hos.  2:7;  Dt.  18:4)  were  also  presented  by 
the  Israelites  to  Jehovah,  but  apparently  as  tribute,  not  as 
sacrifice.  The  old  prophetic  narrative  of  Genesis  8  :  20, 
21  states  that  after  he  emerged  from  the  ark,  "  Noah 
builded  an  altar  unto  Jehovah,  and  took  of  every  clean 
beast  and  of  every  clean  bird,  and  offered  burnt-offerings 
on  the  altar.  And  Jehovah  smelled  the  sweet  savor  and 
Jehovah  said  in  his  heart,  I  will  not  again  curse  the 
ground  any  more  for  man's  sake."  This  is  the  biblical 
version  of  the  still  older  and  more  anthropomorphic  Baby- 
lonian account  of  the  deluge,  according  to  which  : 

The  gods  inhaled  the  odor, 

The  gods  inhaled  the  sweet  odor. 

The  gods  gathered  like  flies  around  the  sacrifice. 

These  and  kindred  passages  suggest  that  the  primitive 
reason  for  burning  the  whole  or  parts  of  the  sacrifice  was 

11^ 


IsraePs  Lawgivers  Ceremonial  Laws 

that  the  god  might  be  enabled  to  share  directly  in  the  food 
presented  to  him  in  this  less  material  form.  The  same 
motive  possibly  explains  the  ancient  and  strict  command 
always  to  pour  out  upon  the  ground  or  sprinkle  upon  the 
altar  the  blood  of  all  animals  slain  ;  since  this  part,  the 
symbol  of  life,  was  sacred  and  most  acceptable  to  Jeho- 
vah. The  late  Jewish  story  of  Bel  and  the  Dragon  appar- 
ently contains  a  reminiscence  of  the  age  when  people 
still  thought  that  the  gods  themselves  ate  the  food  pre- 
sented to  them.  Sometimes  animals  or  fish,  as  the  sacred 
representatives  of  the  deities,  were  believed  to  consume 
the  sacrifices.  Long  after  the  Hebrews  rejected  the 
crude  conceptions  of  Jehovah  which  promoted  the  custom, 
they  continued  to  prepare  the  food  presented  to  him  pre- 
cisely as  they  did  their  own  meals.  Thus,  for  example, 
tradition  says  that  "  Gideon  went  in,  and  made  ready  a 
kid  and  unleavened  cakes  of  an  ephah  of  meal ;  the  flesh  he 
put  in  a  basket,  and  he  put  the  broth  in  a  pot,  and  brought 
it  out  unto  him  (the  angel  of  Jehovah)  under  the  oak,  and 
presented  it  "  (Judg.  6:19).  The  tradition  adds  that  the 
divine  representative  commanded  him  to  lay  the  food 
upon  a  suitable  rock  in  readiness  for  eating  and  to  pour 
out  the  broth.  After  this  had  been  done,  the  angel  of  Je- 
hovah touched  with  his  staff  the  food  thus  prepared,  and 
a  fire  went  up  from  the  rock  and  consumed  it.  The  ritual 
of  the  later  Priestly  codes  directed  that  in  every  ordinary 
offering  all  the  essential  elements  of  a  meal  should  be 


Ceremonial  Laws  The  Messages  of 

provided.  These  included,  in  addition  to  the  meat,  cakes 
of  meal,  mixed  with  olive  oil  (the  Oriental  equivalent  for 
butter  and  animal  fats),  and  a  measure  of  wine.  Every 
meal-offering  was  also  to  be  seasoned  with  salt  (Lev. 
II  :  13).  In  the  ordinary  sacrifices  the  priests,  as  the 
representatives  of  Jehovah,  received  a  portion  of  all  the 
different  parts  and  the  remainder  was  eaten  by  the  offerer, 
his  family  and  friends.  The  details  of  the  ritual,  as 
laid  down  in  the  laws  and  illustrated  by  the  historical 
narratives  {e.g.  i  S.  9)  suggest  that  these  sacrifices 
were  regarded  as  sacrificial  meals  in  which  Jehovah 
was  the  host  or  chief  guest.  As  is  well  known,  among 
Semitic  Orientals  the  act  of  eating  together  establishes 
a  sacred  covenant  between  the  host  and  his  guests.  In 
the  pre-Deuteronomic  times  every  animal  killed  by  the 
Israelites  for  food  was  apparently  thus  shared  with  Je- 
hovah ;  while  the  blood  sealed  the  covenant  between  the 
sacrificers  and  their  god.  Each  event  in  their  national, 
social,  and  domestic  life  was  celebrated  by  a  sacred  meal. 
These  were  occasions  of  glad  rejoicing.  Religion  was 
thus  a  source  of  constant  happiness  to  the  pre-exilic  He- 
brews, for  they  felt  repeatedly  assured  of  Jehovah's  favor. 
It  was  the  Indian  summer  of  Israel's  spiritual  history. 
When  the  shadows  of  the  exile  deepened,  the  ceremonial 
service  lost  its  joyous  character,  the  feasts  became  fasts 
and  the  thank-offerings,  guilt-offerings.  Sacrifice  was  re- 
garded more  as  a  means  of  appeasing  than  of  pleasing 
332 


Israels  Lawgivers  Ceremonial  Laws 

Jehovah.  While  passing  through  the  valley  of  death 
Israel's  faith  was  broadened  and  intensified,  but  religion 
ceased  to  be  a  pure  joy  and  became  a  duty. 

Of  the  various  forms  of  sacrifice,  the  holocaust  or  whole 
burnt-offering  seems  to  have  differed  simply  in  degree 
from  the  ordinary  sacrifice,  in  which  only  a  portion  of  the 
animal  was  burnt  and  the  rest  was  eaten  by  the  offerer. 
Both  may  be  traced  back  to  the  earliest  periods  of  Israel's 
history ;  as  also  the  cereal-  or  non-bloody  sacrifice  and 
the  libation  or  drink-offering.  Originally  they  were  pre- 
sented as  independent  offerings,  but,  as  the  theory  of  sac- 
rifice developed,  bloody  offerings  became  the  prevailing 
type  and  the  cereal-  and  drink-offerings  were  employed 
simply  as  accompaniments. 

Of  the  different  kinds  of  sacrificial  offerings,  the  peace- 
offerings  were  always,  as  regards  form,  ordinary  sacri- 
fices in  which  the  offerer  himself  and  his  family  consumed 
the  major  portion.  They  were  the  most  common  kinds 
of  sacrifice  in  the  earlier  period  of  Israelitish  history. 
Their  aim  was — as  their  name  suggests — to  establish  a 
peaceful,  harmonious,  perfect  relationship  between  Jeho- 
vah and  those  presenting  them.  Not  by  propitiation  but 
by  establishing  a  covenant  was  this  end  attained. 

Guilt-  or  trespass-offerings  were  presented  in  reparation 
for  wrongs  done  to  the  rights  or  property  of  another  per- 
son or  of  Jehovah.  In  First  Samuel  6  the  Philistines  bring 
to  the  God  of  Israel  a  guilt-offering  that  they  may  be  de- 

333 


Ceremonial  Laws  The  Messages  of 

livered  from  the  pestilence,  which  they  consider  he  has 
sent  upon  them  because  they  have  captured  his  sacred 
ark.  According  to  Second  Kings  12  :  16,  before  the  exile, 
guilt-offerings  were  fines  paid  in  money  at  the  sanctuary. 
Reparation  for  injury  done  is  clearly  the  underlying  idea 
even  in  the  Priestly  codes,  where  the  offerer  has  no  share 
in  the  sacrificial  victim  ;  but  all  the  parts  not  consumed 
on  the  altar  go  to  the  priests. 

The  sin-offerings  were  not  intended  to  cover  deliberate 
crimes.  They  simply  anticipated  unconscious  infringe- 
ments of  the  moral  or  ceremonial  law,  and  aimed  to  re- 
store the  man  who  was  thus  defiled,  although  innocent  of 
deliberate  sin,  to  his  normal  relation  to  Jehovah  and  to  the 
community.  Originally  the  sin-offerings  were  also  pre- 
sented in  money  as  a  fine  at  the  sanctuary  (2  K.  12  :  16). 
Their  practical  effect  was  constantly  to  keep  before  the 
people  the  sanctity  and  authority  of  the  law  and  the  ab- 
solute necessity  of  conformity  in  every  detail.  It  also  af- 
forded a  definite  assurance  of  divine  favor  to  the  man 
who  faithfully  endeavored  to  fulfil  its  demands. 

The  law  regarding  the  red  heifer  aimed  to  provide  a 
simple  method,  whereby,  through  the  medium  of  sacri- 
fice, minor  cases  of  ceremonial  uncleanness  might  be 
easily  remedied.  The  lye  produced  by  the  mingling  of 
the  ashes  of  the  sacrificial  animal  with  water  may  also 
have  been  regarded  symbolically  as  an  effective  purifying 
element. 

334 


Israel's  Lawgivers  Ceremonial  Laws 

I.  Anitnals  Suitable  for  Sacrifice  (Dt.  15  :  21  ;    17  :  I ; 
Lev.  I  :  2'',  3;  22  ;  19-29) 

Deuteronomic  Codes. 

No  animal  having  a  physical  defect  of  any  kind  shall  be  Perfect 
presented  to  Jehovah  as  a  sacrifice.  *Dt"i5*-2i' 

17:1) 
Priestly  Codes. 

(P*')  Only  male  animals  without  blemish  from  the  herd  Detsdled 
or  flock  shall  be  sacrificed  as  burnt-offerings.     Bullocks  ^P  n*s  (Lev. 
or  lambs,  however,  having  certain  physical  imperfections,  J^.^!)^'  **' 
may  be  brought  as  voluntary  offerings,  but  not  in  the  pay- 
ment of  a  vow.     No  animal,  which  has  been  castrated  or 
which  has  been  recently  in  the  possession  of  a  foreigner, 
shall   ever  be  offered  to  Jehovah.     An  animal  must  also 
be  at  least  eight  days  old  before  it  is  suitable  for  sacrifice, 
and  the  mother  and  its  young  shall  never  be  killed  on  the 
same  day. 

2.  Different  Forms  of  Offerings 

(l)  Ordinary  Animal  Sacrifice  [Zebhdch]   (Ex.    10:24,    25; 
18 :  12  ;  Dt.  12  :  5,  6,  li,  12  ;  Lev.  3  :  1-7) 

Primitive  Codes. 

(J)  It  is  recorded  that   Moses  demanded  of  Pharaoh,  An  early 
while  the  Israelites  were  still  in  Egypt,  that  they  be  al-  JETli^  24, 
lowed  to  go  forth  into  the  wilderness  to  offer  ordinary  ani-  ^s:  cf.iS: 
mal  sacrifices  and  burnt-offerings  to  Jehovah. 
335 


Ceremonial  Laws  The  Messages  of 

Deuteronomic  Codes. 

To  be  pre-  The  Israelites  shall  bring  all  their  animal  sacrifices, 
temple ^iJt.*  together  with  their  other  offerings,  to  the  central  sanctuary 
")  ^'  ^'  "'  and  there  present  them  to  Jehovah. 

Priestly  Codes. 
Manner  of        (P'')  In  Offering  an  ordinary  animal  sacrifice,  the  man 
an"rdiia?y  presenting  it  shall  lay  his  hand  upon  the  head  of  the  beast 
uSTlIJ^^''*  and  kill  it  before  the  sanctuary.     The  priests  shall  dash 
3 :  '-7)         its  blood  upon  the  sides  of  the  altar  and  burn  thereon  all 

the  fat,  for  this  portion  shall  be  presented  by  the  offerer 

as  a  whole  burnt-offering  to  Jehovah. 

(2)  The  Holocaust  [Olah]  (Gen.  8  :  20 ;  Ex.  20  :  24 ;  Dt.  27 : 
6;  12  :  5,  6,  II,  27*;  Lev.  i  :  3-13,  14-17;  6  :  8-13) 

Primitive  Codes. 
An  early  ex-      (J*)     It  is  recorded  that  Noah  on  emerging  from  the  ark 
ampe      en.  Q^gj.g^j  bumt-offerings  of  every  clean  bird  and  beast. 

Altars  (Ex.  (J)  On  altars  of  earth  or  unhewn  stones  shall  the 
27 :  6* '        Israelites  offer  their  burnt-offerings. 

Deuteronomic  Codes. 
At  the  To  the  central  sanctuary  shall  the  Israelites  bring  and 

S^s.^iij  sacrifice  their  burnt-offerings. 

27») 

Priestly  Codes. 

(P*)  An  animal  from  the  herd  or  flock,  presented  as  a 
burnt-offering,  shall  be  brought  to  the  sanctuary  by  the 
336 


Israels  Lawgivers  Ceremonial  Laws 

offerer.    Upon  the  head  of  the  animal  he  shall  lay  his  Manner  of 
hand,  as  a  symbol  that  it  is  a  gift  in  his  behalf  to  secure  anrmSf 
Jehovah's  favor,  and  then  he  shall  kill  it.     The  priests  J^J^-  ^ '-  3- 
shall  dash  its  blood  upon  the  sides  of  the  great  altar  in 
front  of  the  sanctuary,  while  the  man  flays  and  cuts  the 
animal  into  pieces.     Then  the  priests  shall  kindle  a  fire 
upon  the  altar  and  lay  thereon  the  pieces,  the  head,  the 
fat,  and  the  inwards  and  legs,  after  they  have  been  washed, 
and  burn  the  whole  that  the  savory  smoke  which  ascends 
may  win  the  divine  approval. 

(Ps)     If  the  burnt-offering  consists  of  a  bird  the  priest  shall  Manner  of 
take  it  to  the  altar,  pinch  off  its  head  with  his  fingers,  and  bird?(Lev. 
allow  its  blood  to  drain  out  on  the  side  of  the  altar.     The  crop  ^  :  14-17) 
with  its  contents  he  shall  throw  with  the  other  refuse  to  the 
east  of  the  altar ;  the  wings  shall  be  disjointed,  but  not  severed 
from  the  body,  and  the  whole  shall  be  burned  upon  the  altar. 

(Pt)  The  daily  burnt-offering  in  behalf  of  the  commu-  Special  rules 
nity  shall  be  left  on  the  hearth  of  the  altar  to  keep  the  fire  JKaiiy^ 
thereon  burning  all  night  until  the  morning,  for  this  sacred  /"^ev."! •  8- 
flame  must  never  be  allowed  to  die  out.     In  the  morning  13) 
the  priest  in  charge  shall  put  on  the  linen  garments  to  be 
worn  in  performing  his  duties  and  shall  remove  the  ashes 
of  the  burnt-offering  and   place  them  beside  the  altar. 
Then,  after  exchanging  his  official  for  ordinary  garments, 
he  shall  bear  the  ashes  to  a  clean  place  outside  the  city. 
The  priests  shall  also  each  morning  place  fresh  wood 

337 


Ceremonial  Laws  The  Messages  of 

upon  the  altar  for  the  purpose  of  consuming  the  burnt- 
offerings  and  the  fat  of  the  peace-offerings. 

(3)  Cereal- Offerings  {Ex  34  :  25a;  23  :  i8a;  Num  15:  1-16; 
Lev.  2  :  2b-i6;  6  :  19-23) 

Primitive  Codes. 

With  animal     (JE)  Unleavened  bread  shall  be  presented  to  Jehovah 
(^Ex?35?25»;  with  the  blood  of  the  ordinary  animal  sacrifices. 
23:18') 

Priestly  Codes. 

With  all  ani-      (P)  Every  burnt-offering  or  ordinary  sacrifice  shall  be 

ficesTNum.   accompanied  by  a  cereal-offering.     If  the  animal  is  a  lamb 

15 : 1-16)      Qj.  a  ]^i(^^  jt  shall  consist  of  three  quarts  of  finely  ground 

meal,  mixed  with  one  and  one- third  quarts  of  oil.     Wine, 

equal  in  amount  to  the  oil,  shall  also  be  provided  as  a 

drink-offering.     With  a  ram,  twice  as  much  meal  and  a 

proportionately  greater  amount  of  oil  and  wine  shall  be 

used ;  while  with  a  bullock,  three  times  as  much  meal 

and  three  quarts  of  oil  and  wine  are  required.     This  law 

shall  apply  to  all  animals  offered  to  Jehovah  and  must  be 

observed  alike  by  native  Israelites  and  resident  aliens. 

Method  of        (pt)  In  presenting  a  cereal-offering  the  priest  shall  take 

U^Qv^^:  ^2^-  out  a  handful  of  the  meal  and  oil  and  shall  burn  it  upon 

3;  6:14-18)  the  altar  with  the  frankincense  which  shall  be  provided. 

This  is  presented  to  bring  the  offerer  into  remembrance 

before  God.      The  remainder  is   especially   sacred,   and 

may  be  eaten  only  by  the  priests  in  the  temple  precincts. 

338 


Israels  Lawgivers  Ceremonial  Laws 

(Ps)  No  cereal-offering,  intended  to  be  placed  upon  the  altar,  Additional 
shall  contain  leaven  or  honey,  for  they  embody  the  principle  2^:^4-16)  ^^* 
of  fermentation  and  are  therefore  symbols  of  corruption. 
Cakes,  containing  leaven,  may,  however,  at  certain  times '  be 
presented  to  Jehovah  ;  but  they  like  the  first-fruits  shall  never 
be  offered  upon  the  altar.  Salt  shall  always  be  used  to  season 
the  cereal-offerings  and  all  other  oblations  laid  before  God. 
In  offering  the  first-fruits  of  the  grain  in  the  ear,  the  kernels 
shall  first  be  roasted  and  then  pounded  into  a  coarse  meal, 
which  shall  be  prepared  and  presented  as  an  ordinary  cereal- 
offering. 

Each  day  the  high-priest  shall  present  a  cereal-offering,  con-  The  daily 

sisting  of  three  quarts  of  meal,  mixed  with  oil  in  a  baking-pan.  w^of  the  *"" 

One-half  shall  be  offered  in  the  morning  and  the  other  half  high  pnest 

^  (Lev.  6 :  19. 

in  the  evening.     Like  the  whole  burnt-offerings,  it  shall  be  en-  23) 

tirely  consumed  by  fire  upon  the  altar,  for  it  is  a  gift  to  Jeho- 

hovah  from  the  priest. 

(4)  Drink- Offerings  (Gen.  28  :  18  ;  35  :  14  ;  Num.  15  :  5,  7,  10; 
Lev.  23  :  13  ;  Ex.  29  :  40-42) 

Primitive  Codes. 

(JE)  It  is  recorded  that  Jacob  set  up  stones  as  sacred  Early  exam 
pillars,  at  the  two  different  times,  when  Jehovah  granted  28^^  18  .^35 : 
him  special  revelations  at  Bethel,  and  that  he  poured  oil  ^^^ 
upon  them  as  drink-offerings. 

»  Cf.  Lev.  7  :  13 ;  23  :  17  ;  Am.  4  :  5. 


339 


Ceremonial  Laws  The  Messages  of 

Priestly  Codes. 

With  all  an-  (P)  In  connection  with  all  animal  sacrifices  a  drink- 
fkes(Nu"m.  offering  shall  be  provided,  in  addition  to  the  cereal-offer- 
15 : 5. 7. 10;  ing.  With  a  lamb  or  kid  one  and  one-third  quarts,  with 
13' and  Ex.  *  a  ram  two,  and  with  a  bullock  two  and  two-thirds  quarts 
29  40-42.  ')  ^£  ^j^^  gj^^ll  ^g  offered. 

(5)  Showbread  (Lev.  24  :  5-9) 

Priestly  Codes. 

Preparation      (P)  From  finely  ground  meal  the  priests  shall  make 

^v^T^.^^  twelve  loaves  of  bread.     Six  and  two-fifths  quarts  of  meal 

5"9^  shall  be  used  for  each  loaf.     These  shall  be  arranged  in 

two  rows  of  six  each  and  shall  be  covered  with  pure 

frankincense  and  placed  upon  a  table,  ceremonially  clean, 

to  remind  Jehovah  of  the  devotion  of  his  people  and  of 

the  intimate  relations  existing  between  him  and  them. 

The   loaves  shall  be  renewed  each   sabbath,  and  those 

which  are  taken  away  may  be  eaten  by  the  priests  in  a 

place  free  from  all  ceremonial  pollution. 

(6)  Incense  (Ex.  30  :  7-9,  34-38) 
Priestly  Codes. 
The  daily  (Ps)  Each  morning  and  evening  the  high  priest  shall  burn 

incense          on  the  altar,  specially  prepared  for  the  purpose,  incense  made 
^^-*8^°  *  ^"^'  °^  certain  sweet  spices,  mixed  with  pure  frankincense  and  sea- 
soned with   salt.     The  formula  shall  be  sacred,  and  he  who 
uses  it  for  secular  purposes  shall  be  under  the  ban  of  Jehovah's 
displeasure. 

340 


IsraeVs  Lawgivers  Ceremonial  Laws 

3.  Different  Kinds  of  Offerings. 

{\)  Peace-Offerings  (Dt.    12:6,    17,26;     Lev.   22:21-25,  29, 
30;   3  :  1-17;  7:  11-21,  28-34;   19:  5-8) 

Deuteronomic  Codes. 

All  offerings  to  be  presented  to  Jehovah,  including  vows  Manner  of 
and  voluntary  gifts,  shall  be  brought  to  the  central  sanct-  (JSTJfe^" 
nary  and  there  sacrificed  and  eaten  by  the  offerers.  *7. 26) 

Priestly  Codes. 

(?*>)  In  presenting  a  peace-offering,  whether  it  be  in  Suitable 
discharge  of  a  vow  or  as  a  voluntary  gift,  only  animals  lEtv^S: 
free  from  blemishes  shall   be  chosen.      As  a  voluntary  ^^'iis ;  cf.  3 : 
offering,  however,  but  not   for  a   vow,  animals  having 
physical  defects  may  be  presented.    No  animal  purchased 
from  a  foreigner  shall  be  offered  to  Jehovah,  for  it  is 
ceremonially  unclean. 

(P')  In  sacrificing  an  animal — whether  it  be  from  the  Manner  of 
herd  or  from  the  flock— as  a  peace-offering,  the  offerer  (Lev."3?i°° 
shall  first  lay  his  hand  upon  the  head  of  the  beast,  as  a  ^7) 
sign  that  it  is  an  offering  from  him  to  Jehovah  ;  then  he 
shall  kill  it  before  the  sanctuary  and   the   priest  shall 
sprinkle  the  blood  on  the  sides  of  the  altar  and  burn  the 
fat  thereon  as  Jehovah's  especial  portion.  Special  pro- 

If  the  sacrifice  is  intended  to  express  the  offerer's  grati-  "^^^^-^^ 
tude  to  Jehovah  for  some  special  favor  in  addition  to  the  ing  offering 
animal,  unleavened  loaves  mixed  with  oil  and  wafers  cov- 14)^'  ^*  '*' 
341 


Ceremonial  Laws  The  Messages  of 

ered  with  oil  shall  be  provided.   One  of  the  cakes  and  one 
of  the  wafers  in  each  sacrifice  shall  be  specially  presented 
to  Jehovah  and  shall  be  eaten  by  the  officiating  priest. 
Rules  re-  In  the  case  of  the  thanksgiving-offering  all  the  flesh  of 

faTiig  of^^  the  sacrifice  must  be  consumed  by  the  offerer  and  his 
m  ^sTlS^'^'-  guests  before  the  dawn  of  the  day  following  the  sacrifice. 
15-21; 22:29,  In  the  case  of  the  voluntary  offerings  or  those  made  in 
discharge  of  a  vow,  it  may  be  eaten  on  the  day  of  the 
sacrifice  or  on  the  following,  but  what  remains  until  the 
third  day  must  be  burned  with  fire.  If  any  of  the  flesh  is 
eaten  on  the  third  day  it  will  invalidate  the  sacrifice,  so 
that  it  must  be  offered  over  again,  and  the  one  thus  eat- 
ing shall  become  the  object  of  Jehovah's  judgment.  All 
who  are  ceremonially  clean  may  eat  of  the  flesh  of  the 
peace-offering.  If  any  one  who  is  ceremonially  unclean 
eats  of  it,  Jehovah  will  punish  his  act  by  death. 

Supple-  In  sacrificing  a  peace-offering  the  offerer  shall  himself  bring 

(I?ev.^7 :        to  the  priest  the  fat  which  is  to  be  burnt  on  the  altar,  and  the 
28-34)  right  thigh  and  breast  of  each  animal  as  the  portion  for  the 

one  who  officiates. 

(2)   Guilt-offerings   (Lev.  5  :  14-19;    6:1-7;    Num.  5  :  5-8; 
Lev.  19  :  20-22;    7:  17;  Num.  18  :  9) 

Priestly  Codes. 

(Pt)  If  a  man  unintentionally  withholds  any  of  the  sacred 
dues  or  consciously  defrauds  or  deceives  another  man,  he 
342 


Israel's  Lawgivers  Ceremonial  Laws 

shall  make  full  restitution,  with  the  addition  of  one-fifth,  Cases  in 
to  the  priest,  as  Jehovah's  representative,  or  to  the  man  Tre'required 
wronged.     If  the  injured  man  is  dead  and  has  no  kins- ^^^^^^^  5  j^^; 
men  the  restitution  as  above  shall  be  made  to  the  priest  Num.  s:  5- 

8  ;  Lev.  19: 

of  Jehovah.  In  each  case  a  ram  shall  also  be  presented  2022) 
that  the  guilty  man  may  again  win  Jehovah's  favor.  If 
one  is  aware  of  having  unconsciously  done  something  con- 
trary to  the  divine  law,  he  also  shall  bring  a  ram  as  an 
offering  that  his  guilt  may  be  forgiven.  If  a  man  seduces 
a  betrothed  slave  girl,  he  shall  likewise  present  a  guilt- 
offering. 

Animals  presented  as  guilt-offerings  shall  be  killed  and  The  ritual  of 
their  blood  dashed  against  the  great  altar.     The  fat  shall  ofering^' 
be  burned  on  the  altar  by  the  priest,  and  the  rest  of  the^^^^^^^Jg. 
animal  shall  go  to  him  and  must  be  eaten  only  by  the  9) 
priests  and  in  a  holy  place,  for  it  is  most  sacred. 

(3)  Sin-offerings  (Lev.  5  :  1-13  ;  Num.  15  :  22-31 ;  Lev.  4  :  i- 
35 ;  8  :  14,  15 ;  9  :  7-11 ;  10  :  16-20 ;  6  :  24-30) 

Priestly  Codes. 

(Pt)  If  a  man  withholds  evidence,  when  testifying  in  Private 
court,  or  swears  a  rash  oath  or  without  a  knowledge  of  qufrin^sS- 
the  facts  involved,  or  if  he  unintentionally  touches  any-  ?lIv  "^^  1-6) 
thing  communicating  ceremonial  uncleanness,  or  if  he  in 
any  other  way  unconsciously  transgresses   the   law,  he 
must  confess  his  sin  and  bring  to  Jehovah  a  female  lamb 
or  goat  as  a  sin-offering. 

343 


Ceremonial  Laws  The  Messages  of 

Resident  Resident  aliens  or  native-born  Israelites,  unconsciously 

£TtoTame  failing  to  comply  with  the  commands  of  the  law,  may 

I  TJ^"")^'    secure  Jehovah's  forgiveness  by  confessing  their  sin  and 

by  bringing  a  she-goat  to  him  as  an  offering.     But  the 

man  who  deliberately  defies  the  divine  commands  shall 

be  destroyed  by  the  Lord. 

Ritual  to  be  (P^)  In  presenting  a  female  lamb  or  goat  as  a  sin-offering, 
(*Lev?4:  27-  ^^  offerer  shall  lay  his  hand  upon  the  head  of  the  victim  and 
35)  then  slay  it  when  the  burnt-offerings  are  sacrificed.     Then  the 

priest  shall  dip  his  finger  in  its  blood  and  smear  it  upon  the 
horns  and  pour  out  the  rest  at  the  base  of  the  great  altar.  The 
fat  shall  be  burned  thereon.  Thus  the  offerer  shall  secure  divine 
forgiveness  for  his  failure  to  obey  the  demands  of  the  law. 

The  form  of      (P*)  If  the  offerer  cannot  afford  to  bring  a  lamb  or  a 
sin-offering  ^  goat  he   may  bring  two  turtledoves  or  young  pigeons. 
13)^^'  ^  *  ^    ^"^^  ^^  priest  shall  present  as  a  sin-offering  and  the  other 
as  a  burnt-offering.      If  the  sacrificer  cannot  afford  to 
bring  even  birds,  he  may  present  an  offering  consisting  of 
three  quarts  of  finely  ground  flour,  but  he  shall  not  put  on 
the  usual  oil  or  frankincense.     A  part  the  priest  shall 
burn  on  the  altar  and  the  rest  he  shall  take  as  his  portion. 
The  offerer  shall  thus  secure  full  forgiveness  for  his  un- 
conscious failure  to  obey  the  law. 
?f^the"om-       ^^  ^^  community  unconsciously  fails  to  observe  all  the 
jn^nity         commands  of  Jehovah,  it  also  shall  present  a  bullock  for  a 
a2.26)'     '    burnt-offering  and  a  he-goat  for  a  sin-offering, 

344 


Israel* s  Lawgivers  Ceremonial  Laws 

(Ps)  If  it  unconsciously  does  something  forbidden  in  the  Later  ritual 
law,  and  later  the  sin  is  discovered,  a  young  bullock  shall  be  of^he^om- 
provided  as  a  sin-offering.     Upon  its  head  all  the  elders,  who '"J^"''y (^*^* 
represent  the  community,  shall  place  their  hands.     Then  the 
victim  shall  be  killed  and  a  part  of  its  blood  shall  be  sprinkled 
by  the  priest  seven  times  before  the  veil  of  the  inner  room  of 
the  sanctuary  and  upon  the  horns  of  the  altar  of  incense.    The 
rest  of  the  blood  he  shall  pour  out  at  the  base  of  the  altar  of 
burnt-oifering  and  upon  this  he  shall  burn  the  fat.     The  car- 
cass of  the  bullock  shall  he  burn  outside  the  sacred  precincts. 
Thus  shall  the  community  be  restored  to  the  normal  relation 
with  Jehovah. 

Similarly,  if  a  ruler  unconsciously  transgresses  the  law,  he  Sin  of  a 
shall  provide  a  he-goat  which  shall  be  offered  in  his  behalf.        I":  ^2-2^' 

The  high  priest,  who  thus  unconsciously  sins,  shall  offer  for  Sin  of  a  high 
himself  a  young  bullock,  following  the  same  ritual  as  in  the  47^m2)  *^* 
case  of  the  sin-offering  in  behalf  of  the  community. 

In  the  consecration  of  priests  to  their  sacred  office  a  bullock  In  the  con- 
shall  be  sacrificed  as  a  sin-offering.     After  the  priests  have  of^pHests 
placed  their  hands  upon  the  head  of  the  victim,  a  portion  of  (Lev.  8:  14, 
its  blood  shall  be  smeared  upon  the  horns  of  the  altar  and  the 
rest  poured  out  at  the  base.     After  the  fat  has  been  offered  to 
Jehovah,  the  rest  of  the  animal  shall  be  burned  outside  the 
temple  precincts. 

Disposid  of 
(Pt)  Like  other  sacrificial  food,  which  is  designated  as  J^.^ffgrin"^ 
most  holy,  the  portions  of  the  sin-offerings  which  fall  to  (L«v.  6 :  34. 
the  priests  shall  be  eaten  only  by  them  and  within  theS)  "** 
345 


Ceremonial  Laws  The  Messages  of 

sacred  precincts  of  the  temple.  Any  blood,  which  spat- 
ters from  it  upon  a  garment,  shall  also  be  washed  off  with- 
in the  limits  of  the  temple.  Earthen  vessels  in  which 
the  meat  is  cooked  shall  afterward  be  broken,  and  brazen 
vessels  thoroughly  scoured  and  then  rinsed  lest  the  con- 
tagion of  holiness  be  imparted. 

(4)   The    Yearly  Sin-Offering  in  Behalf  of  the  Nation  (Lev. 

16  :  1-28) 
Priestly  Codes. 

The  ritual  of     (P)  Clad  in  the  insignia  of  his  office  and  freshly  bathed, 

th?p5opii°'^  the  high  priest  shall  appear  each  year  at  the  entrance  of 

a"^(Le?"'  ^^  sanctuary  with  two  he-goats  as  a  sin-offering  in  be- 

16 : 1-28)      half  of  the  people  and  with  a  ram  as  a  burnt-offering. 

One  of  the  two  goats  shall  be  selected  by  lot.     Upon  its 

head  he  shall  lay  his  hands  and  confess  the  sins  of  the 

people  of  Israel.     Then  it  shall  be  sent  away  into  the 

wilderness  as  an  offering  to  the  evil  spirit  Azazel  ^  which 

dwells  there;   while   the  other  goat  shall  be  offered  as 

a  sin-offering  to  Jehovah.     The  blood  of  the  goat  he 

shall  sprinkle  upon  the  top  of  the  ark  and  upon  the  space 

in  front  of  it  to  secure  Jehovah's  forgiveness  and  favor  for 

the  nation.     Blood  from  the  goat  shall  also  be  sprinkled 

upon  the  great  altar  to  symbolize  its  ceremonial  cleansing 

'  For  the  current  Jewish  belief  in  this  fallen  angel,  who  was  conceived  of 
as  the  leader  of  those  who  formed  unions  with  the  daughters  of  men  (Gen. 
6  :  1-4)  and  who  was  as  a  punishment  bound  fast  to  the  rocks  in  the  wil- 

rness,  cf.  Enoch  6  :  i,  2 ;  7:1-5;  9:6,  8-11 ;  10 :  4,  5. 


Israel's  Lawgivers  Ceremonial  Laws 

and  also  that  of  the  entire  sanctuary.  The  fat  of  the  goat 
offered  to  Jehovah  shall  be  burned  upon  the  altar  and  its 
carcass  burned  outside  the  temple  precincts.  In  addition 
the  high  priest  shall  offer  a  bullock  as  a  sin-offering  in  behalf 
of  himself  and  his  fellow  priests. 

(5)  The  Red  Heifer  i^wm.  19:  1-22;  31  :  21-24) 

Priestly  Codes. 

(Pt)  To  prepare  sacred  water  for  the  cleansing  of  those  Rites  to  be 
who  have  been  rendered  ceremonially  unclean  by  contact  prlp^fnV" 
with  the  dead  or  with  the  spoils  of  war  taken  from  the  ^  urificadon*' 
heathen,  the  high  priest  shall  sacrifice  a  red  heifer,  which  (cf-  above) 
is  free  from  all  physical  defects  and  has  never  been  broken 
to  the  yoke.     Outside  the  precincts  of  the  sanctuary  he 
shall  slay  it  and  then  with  his  finger  sprinkle  its  blood  seven 
times  in  front  of  the  sanctuary.     Then  the  carcass  of  the 
animal  shall  be  burned  in  the  presence  of  the  high  priest. 
Cedar  wood,  hyssop,  and  scarlet  shall  be  thrown  into  the 
burning  pile.      Another  man,  ceremonially  clean,   shall 
gather  up  the  ashes,  which  remain  after  the  offering  has 
been  consumed,  and  shall  store  them  in  a  clean  place  that 
they  may  be  used  in  making  the  purifying  water.     The 
high  priest,  the  man  who  attended  to  the  burning  of  the 
heifer  and  the  one  who  gathered  the  ashes,  shall  wash 
themselves  and  their  clothes  and  be  ceremonially  unclean 
until  sunset. 

347 


Ceremonial  Laws  '  The  Messages  of 

(6)  Leprosy-Offerings  (Lev.  14  :  2-52) 
Priestly  Codes. 
Special  (Pt)  In  the  case  of  recovery  from  diseases  resembling  lep- 

pirification  rosy,  afflicting  either  persons  or  houses,  special  offerings 
(cf.  above)    gj^^jj  '^^  presented  and  a  distinct  ritual  observed  in  accord- 
ance with  the  laws  of  ceremonial  purification.* 

(7)  Jealousy-Offerings  (Num.  5  :  11-31) 
Priestly  Codes. 
The  offering     (Pt)  When  a  man  makes  a  charge  of  infidelity  against 
Tng  a"tSt"Jf  his  wife,  he  shall  bring  her  to  the  priest  with  an  offering 
fidelity         consisting  of  three  quarts  of  barley  meal — no  oil  or  frank- 
(cf.  above)    inceuse  shall   be  used  with   it.    While  undergoing  the 
ordeal '  intended  to  demonstrate  her  guilt  or  innocence, 
she  shall  bear  the  cereal-offering  in  her  hands  and  at  its 
close  the  priest  shall  burn  a  portion  of  the  meal  on  the 
altar. 

(8)   The  Daily  Sacrifice  (Num.  28  :  1-8;    Ex.  29  :  38-42  ; 

30  :  7,  8) 
Priestly  Codes. 

Two  lambs  (Ps)  Each  day  two  lambs,  one  in  the  morning  and  another 
i-8""ex.  29 :  ill  the  evening,  shall  be  sacrificed  to  Jehovah  as  burnt-oflfer- 
38-42)  ings,  with  the  proper  accompanjdng  cereal-  and  drink-offer- 

ings. 

On  the  altar  of  incense  within  the  sanctuary,  when  the  high 
»  Cf.  p.  307.  2  Cf.  p.  117. 


IsraeVs  Lawgivers  Ceremonial  Laws 

priest  lights  the  lamps  at  evening,  he  shall  burn  each  day  Daily  in- 
sweet  incense  prepared  according  to  the  formula  laid  down  in  f^li'^o-r  8) 
the  law.' 


THE    PRE-EXILIC    SACRED   CALENDAR 

Among  all  Semitic  peoples  feasts  constituted  the  most 
prominent  element  in  their  national  religious  life.  As 
their  religion  developed,  feasts  were  multiplied  and  the 
ritual  became  more  elaborate.  In  general  they  conserved 
three  important  ends.  In  the  first  place  they  satisfied  the 
social  and  convivial  needs  of  the  people.  In  their  earliest 
form  they  were  occasions  of  glad  merrymaking,  when 
the  members  of  the  local  communities  or  tribe  gathered 
together  for  feasting  and  social  intercourse.  Music  and 
song  were  frequent  accompaniments  (Am.  5  :  23).  In 
Deuteronomy, "  To  rejoice  before  Jehovah  "  is  the  ordinary 
idiom  describing  a  feast.  In  the  second  place  they  estab- 
lished definite  times  when  the  people  brought  their  gifts 
and  paid  homage  to  their  God  and  thus  were  reassured 
of  his  continued  favor.  Finally,  in  worshipping  a  com- 
mon God  and  in  feasting  together  all  members  of  the 
community,  tribe  or  nation  were  united  by  the  strongest 
bond  known  to  the  ancient  Semitic  world. 

Naturally,  as  their  manner  of  life  and  ideals  changed, 

1  Cf .  Ex.  30 :  34.38. 

349 


Ceremonial  Laws  The  Messages  of 

the  charactfer  and  ritual  of  the  feasts  were  transformed. 
In  their  origin  those  of  the  IsraeHtes  appear  to  have  been 
inheritances  from  the  Semitic  past.  The  later  meanings, 
which  were  given  them,  and  the  forms  of  their  observance 
alone  reflects  the  peculiar  genius  of  the  people  of  Jeho- 
vah. The  transformations  have  in  some  cases  been  so 
radical  that  it  is  difficult  to  trace  with  assurance  the  origin 
of  the  feasts.  The  ritual  is  frequently  a  composite  of 
elements  coming  from  different  ages  and  with  originally 
distinct  associations.  Our  Christmas,  with  its  composite 
Roman,  Teutonic  and  Christian  elements,  presents  a  strik- 
ing modern  illustration.  The  most  prominent  rite  in 
the  oldest  tradition  regarding  the  passover  (Ex.  12)  is 
the  sprinkling  of  the  blood  of  the  sacrificial  lamb  upon 
the  door-posts,  as  a  protection  against  the  Destroyer  who 
brought  death  to  the  first-born  of  the  Egyptians,  since 
they  were  not  thus  protected.  The  custom  of  thus  placat- 
ing by  animal  sacrifice  gods  or  spirits,  who  might  other- 
wise demand  a  human  life,  is  very  old  and  has  persisted 
among  Oriental  Semites  until  the  present.  There  are  also 
indications  which  suggest  that  the  passover  was  originally 
distinct  from  the  feast  of  unleavened  bread,  with  which  it 
is  closely  associated  in  the  later  codes,  and  that  it  cor- 
responded to  the  spring  festival  among  the  ancient 
Semites.  Such  passages  as  Exodus  5  :  1-3;  7  :  16  and 
10 :  24-26  preserve  dim  memories  of  this  pre-Mosaic 
feast.     Even  in  its  later  form  it  is  still  a  pastoral  rathet 

350 


Israel's  Laivgivers  Ceremonial  Laws 

than  an  agricultural  festival.  It  was  apparently  observed 
in  the  spring-time  because  then  the  god  (or  goddess)  of 
fertility  presented  to  the  worshippers  that  abundance  of 
natural  gifts  in  gratitude  for  which  they  brought  as  an 
appropriate  offering  a  young  lamb  or  kid.^  A  distinctive 
note  in  the  passover  feast  throughout  all  Israelitish  his- 
tory, even  as  in  the  ritual  which  is  repeated  by  every 
orthodox  Jew  to-day,  has  been  thanksgiving  to  God  for 
his  abounding  goodness. 

The  feast  of  tabernacles  came  at  the  time  of  glad  re- 
joicing when  the  Arabs  resort  to  the  oases  to  gather  their 
supply  of  dates  for  the  year.  Although  this  feast  in  its 
Old  Testament  form  is  distinctively  an  agricultural  festival, 
it  may  well,  like  the  passover,  have  been  brought  by  the 
Hebrews  from  their  primitive  desert  home.  Their  third 
great  annual  festival,  the  feast  of  weeks  or  harvest,  is  so 
manifestly  agricultural  that  the  probability  is  strong  that 
it  was  taken  by  them  directly  from  the  Canaanites,  who 
taught  the  newcomers  many  arts  beside  those  of  tilling 
the  land.  The  influence  of  the  Canaanites  was  doubdess 
also  potent  in  shaping  the  new  usages  later  observed  in 
connection  with  each  of  the  feasts,  for  their  customs  were 
all  established  while  those  of  their  conquerors  were  in  the 
making. 

The  historical  books  contain  references  to  certain  primi- 

*  For  a  vivid  description  of  the  earliest  form  of  this  feast,  cf.  Barton, 
Semitic  Origins,  pp.  no,  iii. 


Ceremonial  Laws  The  Messages  of 

tive  feasts,  not  mentioned  in  the  laws,  which  were  ob- 
served in  the  earlier  days,  but  later  fell  into  disuse.  Thus 
in  southern  Judah  the  feast  of  sheep-shearing  was  a 
prominent  event  in  the  calendar  (i  S.  25  :  2,  ii,  36  ;  2  S. 
13 :  23-28),  even  as  it  was  in  southern  California  under 
Spanish  rule.  East  of  the  Jordan  the  maidens  of  Israel 
celebrated  a  feast  associated  by  tradition  with  Jephthah's 
ill-fated  daughter.  Although  not  recognized  in  the  pre-exilic 
codes,  the  feast  of  the  new  moon  appears  to  have  origi- 
nally enjoyed  equal  and  even  greater  prominence  than  the 
sabbath.  From  an  incidental  reference  in  Second  Kings 
4  :  23  it  may  be  inferred  that  the  people  were  wont  to  resort 
to  the  prophets  on  the  new  moons  and  sabbaths  for  coun- 
sel. They  were  both  observed  as  days  of  rest  (Am.  8  :  5). 
On  the  new  moon  it  was  customary  to  make  extra  sacri- 
fices (i  S.  20  :  5,  6,  29 ;  I  Chr.  23  :  31).  In  Isaiah  i  :  14 
the  new  moons  are  classified  with  the  appointed  feasts. 
All  were  occasions  of  rejoicing  (Hos.  2:11).  From  the  ref- 
erences in  First  Samuel  20 :  5,  6  and  29  it  may  be  inferred 
that  it  was  pre-eminently  a  festival  at  which  families  and 
clans  assembled.  It  would  therefore  tend  to  keep  alive 
ancient  traditions  and  usages  and  to  emphasize  religious 
decentralization.  Therein  is  found  the  most  probable 
explanation  of  why  this  important  and  firmly  established 
institution  is  completely  ignored  in  the  existing  versions  of 
the  pre-exilic  and  receives  only  passing  notice  in  the 
Priestly  codes. 

352 


JsraeVs  Lawgivers  Ceremonial  Laws 

Both  the  sabbath  and  the  new  moon,  like  most  of  Is- 
rael's institutions,  are  not  without  analogies  among  earlier 
Semitic  peoples.  The  custom  of  prohibiting  specific  acts 
on  certain  days  is  widely  diffused  and  goes  far  back  before 
the  beginnings  of  human  history.  In  an  old  Babylonian 
calendar  the  king  is  commanded  not  to  eat  food  prepared 
by  fire,  not  to  ride  in  his  chariot,  not  to  hold  court  and 
perform  other  duties  on  the  seventh,  fourteenth,  nineteenth, 
twenty-first  and  twenty-eighth  days  of  the  month.  In  an 
ancient  Assyrian  lexicon  the  sabbath  is  defined  as  the 
"  day  of  rest  for  the  soul," '  that  is  a  day  when  the  anger 
of  the  gods  can  best  be  pacified.  Although  no  exact 
parallels  to  the  Hebrew  sabbath  have  yet  been  discovered, 
these  indications  suggest  that  its  origin  is  to  be  found  in 
Babylonia.  The  Israelites,  however,  first  raised  it  from 
the  plane  of  superstition  and  made  it  an  invaluable  aid  to 
man's  spiritual  development.' 

I.  Passover  (Ex.  34  :  25b;   23  :  18^;  12  :  21-23,  25-27*; 

Dt.  16  :  I,  2,  4^-7) 
Primitive  Codes. 

(JE)  All  portions  of  the  animals  slain  on  the  evening  of  Disposal  of 
the  passover  feast  shall  be  consumed  before  daybreak  on  lamMEx. 
the  following  day.  34^=  25 J;  23^: 

*  um  nuh  libbi.,  II.  Raw.  32,  1.  16. 

*  For  a  study  of  the  historical  development  of  the  content  of  the  sabbath, 
cf.  pp.  77i  78. 

353 


Ceremonial  Laws  The  Messages  of 

One  tradi-         Tradition  declares  that,  when  the  Pharaoh  of  Egypt  had  re- 
o? thesis  peatedly  broken  his  promise  to  allow  the  Israelites  to  depart, 
over  (Ex.  12:  Moses  Commanded  them  to  take  and  kill  in  each  of  their  fam- 
27*)^'  ~^        ilies  the  passover  lamb.     \Vith  a  bunch  of  hyssop  they  were 
then  to  sprinkle  its  blood  upon  the  top  and  sides  of  their  doors, 
that  they  might  be  delivered  from  the  death- dealing  judgment 
which  Jehovah  was  about  to  visit  upon  the  first-born  of  every 
Eg>'ptian  family.     They  were  furthermore  directed  to  observe 
this  ceremony,  when  they  arrived  in  the  land  of  Canaan,  and  to 
explain  to  their  children  that  the  passover  rite  was  to  commem- 
orate the  fact  that  Jehovah  passed  over  their  households  when 
he  smote  the  Egyptians. 

Deuteronomic  Codes. 

Time,  place  In  April  the  Israelites  shall  celebrate  the  passover  by 
o?obTe^"ng  sacrificing  at  the  central  sanctuary  a  lamb  or  bullock  in 
it  (i^t.  16 : 1,  commemoration  of  Jehovah's  deliverance  of  their  ances- 
tors  from  the  bondage  of  Egypt.  No  family  shall  observe 
the  passover  at  home  but  only  in  the  sacred  temple  pre- 
cincts. There  at  sunset  they  shall  kill  the  sacrificial  vic- 
tim and  eat  its  flesh,  after  it  has  been  cooked  ; '  and  then 
the  next  morning  they  may  return  to  their  homes. 

»  Literally  boiled.     In  the  later  code  (P)  of  Ex.  12  :  9  boiling  is  definitely 
forbidden. 


354 


Israel's  Lawgivers  Ceremonial  Laws 

2.  Sabbath  (Ex.  34  :  21  ;  23  :  12 ;  20  :  8-1 1  ;  16  :  22-30; 

Dt.  5  :  12-15) 

Primitive  and  Deuteronomic  Codes. 

On  the  seventh  day  every  IsraeHte  with  his  household  The  seventh 
shall  abstain  from  all  labor.     The  aim  of  this  institution  (Jf^  above) 
is  that  all  members  of  the  community  may  be  rested  and 
refreshed  after  the  toil  of  the  six  preceding  days. 

3.  The  Three  Annual  Harvest  Festivals  (Ex.  34  :  23 ; 

23  :  14,  17;  Dt.  16  :  16,  17) 

Primitive  Codes. 

(JE)  On  the  occasion  of  each  of  the  three  great  annual  To  be  ceie- 
festivals  every  male  Israelite  shall  resort  to  some  one  of  saSd  ^^  ^  * 
the  sacred  places,  where  Jehovah  has  in  the  past  espe-^^""^^.^^^-, 
cially  revealed  himself,  there  to  pay  homage  to  his  divine  14, 17)' 
King. 

Deuteronomic  Codes. 

To  the  central  sanctuary  at  Jerusalem  shall  every  male  At  the  cen- 
Israelite  bring  in  connection  with  the  feasts  of  unleavened  ^l^  (dT^S  : 
bread,  weeks,  and  tabernacles  such  offerings  as  he  is  indi-  ^^'  ^7) 
vidually  able. 


355 


Ceremonial  Laws  The  Messages  of 

(i)  Feast  of  Unleavened  Bread  (Ex.  34  :  i8 ;  23  :  15  ;  13  :  3- 
10 ;    Dt.  16  :  3,  4,  8) 

Primitive  and  Deuteronomic  Codes. 
To  continue  FoF  sevcn  consecutive  days  each  year  the  Israelites  shall 
ing  the  '  celebrate  in  their  homes  the  feast  of  unleavened  bread 
Aprii^  °'  by  abstaining  from  all  food  containing  leaven.  This  feast 
(cf.  above)  g^all  be  observed  during  the  month  of  April  (Abib-Nisan)  m 
commemoration  of  the  fact  that  in  this  month  Jehovah  deliv- 
ered their  nation  from  the  bondage  of  Egypt. 

(2)  Feast  of  Weeks  or  Harvest  (Ex.   34  :  22a ;  23  :  i6a ;  Dt. 

16  :  9-1 1) 
Primitive  Codes. 
At  end  of        /jE)  Each  year  the  Israelites  shall  celebrate  the  feast  of 

harvest  (Ex.       ^  ,    ^       ,  ,  ,     .  .  .  r   u         . 

34 :  22» ;  23:  weeks,  when  they  reap  their  gram,  presentmg  to  Jehovah 
'  the  first-fruits  of  their  fields. 

Deuteronomic  Codes. 
Seven  weeks     Scven  wccks  after  the  beginning  of  the  grain  harvest 

after  begin-  °  ,  ,     • 

ring  of  grain  the  Israelites  shall  bring  to  the  central  sanctuary  then 

(DtT^e :  9-   voluntary  offerings,  proportionate  to  the  prosperity  which 

'^^  they  have  enjoyed,  and  there  celebrate  the  feast  of  weeks 

with  rejoicing,  sharing  their  offerings  with  their  family 

and  the  dependent  members  of  the  community. 


356 


Israel's  Lawgivers  Ceremonial  Laws 

(3)  J^f^^f  of  Ingathering  or  Tabernacles  (Ex.  34  :  22b ;  23  : 

l6b;  Dt.  16  ;  13-15) 
Primitive  Codes. 

(JE)  At  the  end  of  the  year  when  its  labors  are  com-  Harvest- 
pleted  the  Israelites  shall  observe  the  feast  of  ingathering.  ^^X^^^'^-.  -, 

i6«>) 

Deuteronomic  Codes. 

A  week  after  the  grain  has  all  been  threshed  and  the  A  week  of 
wine  pressed  and  stored  away,  the  Israelites  shall  cele-  fng  a^the^" 
brate  for  a  week  at  the  central  sanctuary  the  feast  of  tab-  Jf^^^Te  •  i3« 
ernacles  or  ingathering.  15) 

4.  Sabbatical  Year  (Ex.  23  :  10, 11 ;  Dt.  15  : 1-6;  31  :  10- 

13) 
Primitive  Codes. 

(E)  On  the  seventh  year  the  ground  shall  not  be  tilled,  Communal 
but  allowed  to  lie  fallow  and  everything  which  it  produces  natJraf  °* 
naturally  shall  be  shared  in  common  by  all  members  of  Plp<iucts 

^  •'  (rJC  23 :  10, 

the  community.  n) 

Deuteronomic 

On  the  seventh  year  no  debts  may  be  collected  nor  in-  Temporary 
terest  charged  for  loans,  if  the  debtor  be  a  Hebrew,  for  fi^'^j.^/ita"  °' 
on  that  year  he  has  no  source  of  income  with  which  to  pay.  ?nt*^f '^^"fg) 
Prosperity  in  all  their  relations  shall  be  the  reward  which  Je- 
hovah will  give  to  his  people  if  they  faithfully  observe  this 
law. 

357 


Ceremonial  Laws  The  Messages  of 

Public  read-  When  all  the  people,  including  children  and  resident 
law  °  3^  :%o- aliens,  are  assembled  at  the  feast  of  tabernacles  on  the 
'3)  seventh  year  of  release,  the  Deuteronomic  code  shall  be 

publicly  read  before  them  that  everyone  may  become 
acquainted  with  its  enactments  and  thus  be  able  to  con- 
form to  the  will  of  Jehovah. 


XI 


THE   SACRED    CALENDAR   OF   THE    POST-EXILIC 
HIERARCHY 

The  tendency  of  post-exilic  Judaism  toward  greater 
ceremonialism  finds  its  supreme  illustration  in  the  laws 
relating  to  the  religious  feasts.  Four  of  the  nine  sacred 
seasons  of  the  Jewish  calendar  are  mentioned  for  the  first 
time  in  the  Priestly  codes.  The  tendency  to  multiply 
feasts  did  not  cease  with  the  close  of  the  Old  Testament 
canon.  During  the  Maccabean  period  five  more  festivals 
were  added,  of  which  the  more  important  were  :  the  feast 
of  Purim,  the  feast  of  Dedication,  commemorating  the 
reconsecration  of  the  temple  after  its  desecration  by 
Antiochus  Epiphanes,  and  the  feast  of  Nicanor  in  memory 
of  the  first  great  victory  of  Judas. 

The  transference  of  the  feasts  to  the  temple,  which 
began  with  the  institution  of  the  Deuteronomic  law,  in- 

358 


Israel's  Lawfrivers  Ceremonial  Laws 


ii 


evitably  and  fundamentally  changed  their  character.  They 
at  once  lost  their  local  and  personal  features.  Hitherto 
they  had  been  closely  associated  with  the  different  stages 
of  the  harvest.  Naturally  these  varied  from  year  to  year 
and  in  different  localities.  In  the  earlier  codes  the  date 
of  each  feast  is  left  indeterminate ;  but  in  the  Priestly 
codes  the  exact  day  is  fixed  in  each  case  so  that  all  the 
nation  must  celebrate  it  at  the  same  time.  This  arrange- 
ment, of  course,  was  more  practicable  in  the  post-exilic 
period,  when  Israel's  territory  was  limited  to  little  Judah. 
This  removal  of  the  feasts  from  their  originally  close  con- 
nection with  the  different  stages  of  the  harvest  and  from 
the  local  setting  tended  to  obscure  their  distinctive  char- 
acteristics and  original  significance.  Nearly  the  same 
ceremonies  came  to  be  observed  at  each.  As  their  real 
origin  was  forgotten  the  festivals  were  associated  more 
and  more  with  the  great  national  events  in  Israel's  history. 
Undoubtedly  in  this  way  many -ancient  heathen  ele- 
ments were  eliminated  and  the  distinctively  religious  side 
of  the  feasts  emphasized,  so  that  there  was  a  great  and 
positive  gain  ;  but  for  the  individual  worshippers  they  lost 
much  of  their  personal  and  joyous  interest.  In  the  earlier 
days  the  head  of  the  family  or  clan  at  home  or  at  a  time- 
honored  local  shrine  offered  for  the  limited  group  those 
sacrifices  which  established  with  Jehovah  a  personal  and 
peace-giving  relationship.  Under  the  new  rigime  the 
priests  at  Jerusalem  made  appropriate  offerings  in  behalf 

359 


Ceremonial  Laws  The  Messages  of 

of  the  whole  nation.  Also,  as  the  shadows  of  the  exile 
deepened,  the  sense  of  sin  was  intensified,  so  that  Israel's 
feasts  became  fasts,  and  the  thank-offerings  were  changed 
to  guilt-offerings.  Religion  lost  its  happy,  careless  char- 
acter and  became  an  intense  struggle  for  righteousness,  as 
defined  by  the  law.  There  is  no  evidence  that  a  detailed 
ritual  of  guilt-  and  sin-offerings  existed  before  the  exile ; 
but  the  Priestly  codes  present  it  in  fully  developed  form. 
These  figure  prominently  in  the  services  to  be  observed 
on  each  of  the  great  feast  days.  The  tendency  reaches 
its  culmination  in  the  feast  of  the  day  of  atonement,  which 
appears  to  have  been  first  instituted  during  or  after  the 
days  of  Nehemiah,  since  the  Jewish  community,  described 
in  Nehemiah  8,  knows  nothing  of  it.  The  spirit  of  Juda- 
ism is  revealed  by  the  fact  that  this  day  of  national  con- 
fession and  atoning  sacrifice  was  soon  regarded  as  in 
many  ways  the  most  important  event  in  the  calendar. 

I.  New  Moon  (Num.  28  :  11-15) 

Priestly  Codes. 

Regular  (Ps)  On  the  first  day  of  each  lunar  month  the  following  offer- 

(Num.^28:     ^"gs  ^"^^  ^^  presented  at  the  temple  to  Jehovah  :  (i)  a  burnt- 

11-15)  offering,  consisting  of  two  young  bullocks,  one  ram  and  seven 

male  lambs,  under  a  year  old  and  without  physical  defects, 

together  with  the  usual  cereal-  and  drink-offerings ;  (2)  a  goat 

for  a  sin-offering. 

360 


IsraeVs  Lawgivers  Ceremonial  Laws 

2.   Sabbath  (Lev.  19  :  3^  30 ;  26  :  2  ;  Ex.  35  : 1-3  ;  31  :  12- 
17;  Gen.  2  :  2,  3  ;  Lev.  23  :  3  ;  Ex.  16  :  11-31 ;  Num. 
15  :  32-36;  28  :9,  10) 
Priestly  Codes. 

(Pii)  Let  every  Israelite  carefully  guard  the  sabbath  To  be  kept 
from  all  desecration,  even  as  he  does  the  temple  of  Jeho- 19 /3b,  30  j 
vah.'  ='6  =  ^> 

(P)  The  seventh  day  of  the  week  is  consecrated   to  Ail  work 
Jehovah  as  a  symbol  of  the  sacred  covenant  between  him  Snder  penal- 
and  his  people ;  for  at  the  creation  of  the  universe  the ^^^^if^. 
Divine  himself  set  the  example  for  man.     Therefore  all  3;  31:  "- 
Israelites  are  under  solemn  obligation  to  abstain  from  all  2, 3 ;  Lev.  ' 
labor  on  that  day.     Even  the  kindling  of  a  fire  is  forbid-  *^ ' 
den.    Any  one  who  disregards  this  law  shall  be  subject 
to  the  death  penalty. 

(Ps)  The  tradition  is  preserved  that  during  the  wilderness  Traditional 
wandering  Jehovah  provided  for  the  Israelites  on  the  sixth  [ex"i6°  n- 
day  a  double  portion  of  food  and  none  on  the  following,  thus  3^ ;  ^"^' 
teaching  them  to  abstain  from  all  labor  on  the  seventh  day.    A 
man  discovered  gathering  fuel  on   the   sabbath  was,   at  the 
divine  command,  stoned  to  death  by  the  assembled  people. 

In  addition  to  the  ordinary  daily  sacrifice  two  young  male  Special  sab- 
lambs,  with  the  appropriate  cereal-  and  drink-oiferings  shall  (Num.  asTc^ 
be  presented  on  each  sabbath  to  Jehovah.  '°) 

1  It  is  significant  that  the  duties  of  keeping  the  sabbath  and  of  reverencing 
Jehovah's  sanctuary  are  repeatedly  associated  together. 
361 


Ceremonial  Laws  The  Messages  of 

3.  Feast  of  Passover  and  Unleavened  Bread  (Lev.  23:5; 
Ex.  12  :  1-14,  43-50;  Num.  9  :  1-14;  Lev.  23  :  6-8; 
Num.  28  :  16-25  ;  Ex.  12  :  15-20) 

Priestly  Codes. 

Date  (Lev.        (P)  On  the  evening  of  the  fourteenth  day  of  the  first 
^^ '  month  (in  March-April)  the  feast  of  the  passover  shall  be 

celebrated. 

Manner  of        A  young  male  lamb  or  goat  without  physical  defect  shall 

thl^  pTssofer  be  provided  for  each  household  or  group  of  families.     This 

ir-^i!f ^'  6)  ^^^  be  killed  on  the  evening  of  the  passover,  but  none  of 

its  bones  shall  be  broken.     Its  flesh  shall  be  roasted  and 

eaten  on  the  same  night  by  those  assembled.     None  of 

the  sacrificial  meat  shall  be  carried  out  of  the  house  where 

it  is  prepared.     Unleavened  bread  and  bitter  herbs  shall 

V  be  eaten  with  it.     Portions  of  the  lamb  which  remain  until 

the  following  morning  shall  be  burnt.     All  participating 

in  the  feast  shall  be  clad  in  readiness  for  a  journey,  with 

girdle  tightened,  sandals  on  and  stafT  in  hand,  and  shall 

eat  it  hastily  in  commemoration  of  the  deliverance  of  the 

Israelites  from  the  land  of  Egypt. 

Those  eiigi-      No  foreigner  nor  an  alien  employed  by  the  Israelites 

blc  ^£x    12  ' 

43-45.  47-50)  shall  be  allowed  to  participate  in  the  passover  meal ;  but 
all  circumcised,  household  slaves,  owned  by  Jews,  and 
resident  aliens  may  participate. 

(Ps)  All  who  are  debarred  from  sharing  in  the  feast  on   the 
first  month,  because  ceremonially  unclean  or  absent  from  the 
362 


Israel's  Lawgivers  Ceremonial  Laws 

land,  shall  celebrate  it  on  the  corresponding  fourteenth  day  of  All  under 
the  second  month.     Any  one,  who  is  eligible,  and  yet  neglects  obsSte^t  ^** 
to  observe  the  passover  feast,  is  guilty  and  shall  be  the  object  (Num.  9 :  i- 
of  Jehovah's  judgment. 

(P)  The  feast  of  unleavened  bread  shall  begin  on  the  Manner  of 
day  following  the  passover  meal  and  shall  continue  for  a  thl^f Jast"o^f 
week,  during  which  period  the  Israelites  shall  eat  no  leav-  treldTLev 
ened  bread.     All  leaven  shall  be  put  out  of  their  houses  and  23  :  6-8  ; 

f      J  •    •         1  1     11    t  ,  •  Num.  28  : 

any   one   eatmg   tood  contammg  leaven    shall    be  subject  to  16-25 ;  Ejc 

Jehovah's  judgment.  On  the  first  and  seventh  days  the " '  ^^'^^ 
people  shall  assemble  together  for  worship  and  shall  ab- 
stain from  all  ordinary  labor.  During  each  day  of  the  feast 
a  burnt-offering  shall  be  sacrificed,  consisting  of  two  young 
bullocks,  one  ram  and  seven  young  male  lambs,  with  the  ac- 
companying cereal-offering  and  one  goat  as  a  sin-offering  to 
insure  Jehovah's  favor. 

4.  Feast  of  Weeks  or  First-fruits  (Lev.    23  :  10^-21  ; 

Num.  28  :  26-31) 
Priestly  Codes. 

Fifty  days  after  the  presentation  of  the  first  sheaf  of  Date  ana 
the  harvest  at  the  temple,  shall  be  celebrated  the  feast  of  ^i^bSion 
weeks  (or  first-fruits).     Each  Israelite  shall  bring  to  the  ^^^-  at>ove) 
priests  two  loaves,  made  with  leaven,  from  the  first  grain 
reaped  in  the  harvest,  and  two  male  lambs  as  a  peace-offer- 
ing.    These  the  priest  shall  present  to  Jehovah.    Also  at 
this  time  the  people  shall  assemble  for  the  worship  of  Jeho- 


Ceremonial  Laws  The  Messages  of 

vah  and  shall  abstain  from  all  labor.  In  behalf  of  the  nation 
two  young  bullocks,  one  ram  and  seven  young  Iambs  shall  be 
offered  as  a  burnt-offering,  with  the  usual  cereal- offering ; 
and  one  goat  to  insure  Jehovah's  forgiveness  for  any  uncon- 
scious infringement  of  the  ceremonial  law. 

5.  Feast  of  Trumpets — New  Year's  Day  (Lev,  23  :  23- 

25  ;  Num.  29  :  1-6) 
Priestly  Codes. 

Date  and  On  the  first  day  of  the  seventh  month  (Sept. -Oct.), 
Stebration  which  is  the  first  of  the  sacred  year,  the  people  shall  re- 
(cf.  above)  {^^^Sxi  from  all  labor  and  shall  assemble  to  inaugurate  the 
new  year  with  the  blowing  of  trumpets.  Also  in  behalf  of 
the  nation  a  special  burnt-offering,  similar  to  that  offered  dur- 
ing  the  feasts  of  unleavened  bread  and  of  weeks,  shall  be  pre- 
sented at  the  temple. 

6.  Day  of  Atonement  (Lev.  16  :  1-34 ;  23  :  26-32 ;  Ex. 

30  :  10;  Num.  29  :  7-1 1) 

Priestly  Codes. 
Precaurions      (P)  Even  the  high  priest  shall  not  be  allowed  to  enter 
served  by      the  innermost  shrine  of  the  sanctuary,  except  on  special 
priestlLev    occasions  and   only  after  observing  certain   rites.      He 
16 : 1-4,  6,    must  first  offer  a  young  bullock  for  a  sin-offering  and  a 
ram  for  a  burnt-offering  to  insure  his  ceremonial  cleanli- 
ness.    Then  he  shall  bathe  thoroughly  with  water  and 
put  on  the  linen  garments,  which  are  the  insignia  of  his 
364 


IsraeVs  Lawgivers  Ceremonial  Laws 

office.*  After  having  presented  the  sin-offering  to  insure 
Jehovah's  favor  toward  himself  and  his  household,  he 
may  enter  the  inner  sanctuary  bearing  in  his  hands  a 
censer  upon  which  sweet  incense  shall  be  burning  that  its 
smoke  may  envelope  the  ark,  the  symbol  of  Jehovah's 
presence,  upon  which  no  mortal  can  look  and  live. 

The  tenth  day  of  the  seventh  month  (Sept.-Oct.)  shall  Observance 
be  observed  by  all  Israelites  as  a  day  of  fasting  and  pen-  ato'ne'n?e*i?t° 
itence.     No  Israelite  or  resident  alien  shall  do  any  work  ^^^- ^^'^,9- 
on   that  day  under  penalty  of  divine  judgment.     The   high  32;  Ex.30: 
priest,  clad  in  the  insignia  of  his  office,  shall  by  means  *° 
of  the  proper  sacrifices  thoroughly  purify  the  sanctuary 
and  people  that  no  sins,  known  or  unknown,  may  invali- 
date the  religious  service  of  the  nation  and  alienate  Jeho- 
vah's favor. 

To  this  end  he  shall  take  two  goats,  provided  by  the  its  deuUed 
people,  as  a  sin-offering,  and  a  ram  for  a  burnt-offering,  "e"  5, 7-11,' 
The  bullock  he  shall  offer  for  the  purification  of  himself  JJ'f ^i^j^ 
and  his  associates  in  the  priestly  office.     The  blood  of  the 
bullock  he  shall  sprinkle  with  his  finger  upon  the  front 
and  upon  the  space  before  the  ark.     One  of  the  goats  he 
shall  select  by  lot  and  sacrifice  for  the  purification  of  the 
people  and  the  sanctuary,  sprinkling  its  blood  in  the  same 

»  Lev.  16  evidently  contains  two  originally  independent  sections,  the  one 
specifying  the  rites  to  be  observed  whenever  the  high  priest  enters  the  in« 
ner  sanctuary ;  the  other  the  law  of  the  day  of  atonement.  They  are  her* 
combined  because  in  P  the  high  priest  was  supposed  to  enter  the  inner  sanct* 
uary  upon  the  day  of  atonement. 


Ceremonial  Laws  The  Messages  of 

manner  before  the  ark.  He  shall  also,  to  symbolize  its 
cleansing,  sprinkle  the  mingled  blood  of  both  the  sacri- 
ficial animals  upon  the  horns  of  the  great  altar.  Upon 
the  head  of  the  other  goat  he  shall  then  lay  both  his 
hands,  confessing  at  the  same  time  the  sins  of  the  people. 
After  he  has  thus  symbolically  transferred  to  it  the  guilt 
of  the  nation,  he  shall  send  it  forth  in  the  wilderness  to  the 
evil  spirit  Azazel.  The  man  who  sets  loose  this  goat  shall 
be  ceremonially  unclean  until  he  has  washed  his  clothes 
and  bathed.  After  entering  the  inner  sanctuary  the  high 
priest  shall  take  off  his  linen  robes  and  likewise  bathe. 
Then  he  shall  put  on  his  ordinary  priestly  garments  and 
offer  the  burnt-offerings  in  his  own  behalf  and  in  behalf 
of  the  people,  and  shall  bum  on  the  altar  the  fat  of  the 
sin-offerings.  What  then  remains  from  these  shall  be 
consumed  with  fire  outside  the  city,  for  it  is  holy  and  must 
not  be  devoted  to  ordinary  uses. 

7.  Feast  of  Tabernacles  (Lev.  23  :  39-44,  33-36 ;  Num. 
29  :  12-38) 

Priestly  Codes. 
The  people's     (Ph)  On  the  fifteenth  day  of  the  seventh  month  (Sept.- 
Sebradon    Oct.),  after  the  harvest  is  completed,  the  Israelites  shall 
J^Lg^^^^^^sn- c^l^brate  for  seven   days   the   feast  of    tabernacles   (or 
44.33-36)     booths).    On  the  first  and  eighth  days  no  secular  work 

shall  be  done.     On  the  first  day  they  shall  gather  fruit, 

and  the  branches  of  palm  trees  and  of  other  trees  of 
366 


Israels  Lawgivers  Ceremonial  Laws 

thick  foliage  with  which  to  build  booths.  In  these  they 
with  their  families  shall  dwell  during  the  entire  week  of 
the  joyful  feast  in  commemoration  of  Jehovah's  deliver- 
ance of  their  ancestors  from  the  bondage  of  Egypt. 

(Ps)  On  the  first  day  thirteen  young  bullocks,  two  rams  and  Ritual  to  be 
fourteen  male  lambs  without  physical  defects,  shall  be  sacri-  durfng^each 
ficed  with  the  appropriate  cereal-offering,  as  a  holocaust  to  Je-  ^^y  "^^^® 
hovah.     Also  a  goat   for   a   sin-offering.     These  shall  be  in  29 :  12-38) 
addition  to  the  usual  daily  sacrifice.     On  each  of  the  six  suc- 
ceeding days  one  lean  bullock    shall    be  sacrificed,    but   the 
same  number  of  rams  and  lambs,  with  the  cereal-  and  drink- 
offerings  ;  likewise  the  goat  for  a  sin-offering.     On  the  eighth 
day  the  people  shall  gather  together  for  worship,  and  one  bul- 
lock, one  ram,  and   seven  male  lambs  with  their  cereal-  and 
drink-offerings  shall  be  sacrificed  as  a  holocaust,  and  a  goat 
for  a  sin-offering. 

8.   The  Sabbatical  Year  (Lev.  25  :  1-7,  20-22 ;  26  :  27-35, 

43) 
Priestly  Codes. 

(Ph)  Six  years  shall  the  ground  be  cultivated,  but  on  the  No  sowing 
seventh  the  Israelites  shall  neither  sow  nor  reap  as  hith-  share  We 
erto  ;  but  all  members  of  the  community  shall  share  alike  "^'urai  prod- 

'  -'  uctsot  the 

the  natural  products  of  the  soil.     To  meet  the  needs  of  soil  (Lev.  25: 

I'7     20~22) 

the  seventh  and  eighth  years,  Jehovah  will  also  cause  the 
soil  to  produce  on  the  eighth  three  times  the  usual  amount. 
Famine,  desolation,  conquest,  and  captivity  will  be  vis- 
367 


Ceremonial  Laws 

Penalty  for  ited  upon  the  Israelites  by  Jehovah,  so  that  the  land  per- 
thu  ia?°^  force  will  enjoy  perfect  rest,  if  they  do  not  observe  this 
^J';;-/^^*^- command. 

9.  The  Year  of  Jubilee  (Lev.  25  :  8-19,  23-34,  39-42, 

47-55) 
Priestly  Codes. 

Rest,  liberty     (Ph)  Every  fiftieth  year  shall  be  observed  as  a  year  of 

ratio^n  oran-  pcrfcct  rcst.    There  shall  be  no  sowing  nor  even  gath- 

poSeMions    ^^^"S  of  ^^  natural  products  of  the  field  and  vine.    On 

(cf.  above)    the  day  of  atonement  trumpets  shall  be  blown  throughout  all 

Israel  announcing  the  liberation  of  all  Israelitish  slaves  and  the 

restoration  to  its  original  owners  or  legal  heirs  of  all  hereditary 

property  (except  houses  of  laymen  located  in  walled  cities). 


368 


APPENDIX 


APPENDIX 

BOOKS  OF  REFERENCE 

The  literature  in  English  on  the  sources  of  the  Old  Testa- 
ment laws  is  voluminous  and  satisfactory.  For  a  detailed 
classification  of  the  biblical  material  as  it  is  ordinarily  assigned 
to  the  different  documents,  with  a  brief  statement  of  the  im- 
portant reasons  for  each  assignment,  Addis's  "  Documents  of 
the  Hexateuch"  (vol.  ii,  1898),  and  especially  "The  Hex- 
ateuch  "  (2  vols.,  1900),  edited  by  Carpenter  and  Harford- 
Battersby,  are  of  the  greatest  service.  In  the  latter  a  system 
is  employed  whereby  it  is  possible  at  once  to  find  any  passage 
and  to  determine  at  a  glance  the  source  from  which  it  was  de- 
rived. The  work  represents  the  combined  labors  of  a  group 
of  critical  English  scholars  and  is  the  best  extant  compendium 
of  the  results  of  modern  hexateuchal  criticism.  The  first  vol- 
ume also  contains  an  exhaustive  history  of  this  important  de- 
partment of  biblical  investigation.  Without  reproducing  the 
text,  Driver's  "  Introduction  to  the  Literature  of  the  Old 
Testament"  (9th  edition,  1901),  and  Briggs'  "  Higher  Crit- 
icism of  the  Hexateuch  "  present  the  evidence  and  conclusions 
regarding  the  critical  analysis  of  the  laws.  For  a  briefer  and 
more  popular  presentation  the  "  Biblical  Introduction  "  by 
Bennett  and  Adeney  (1899),  Kautzsch's    "Literature  of  the 


Appendix 

Old  Testament"  (1899),  W.  Robertson  Smith's  *' Old  Testa, 
ment  in  the  Jewish  Church"  (1892),  or  the  article  "  Hexa- 
teuch "  in  Hastings'  "Dictionary  of  the  Bible"  or  the 
"Encyclopaedia  Biblica,"  edited  by  Cheyne,  are  exceedingly 
valuable  and  suggestive. 

With  one  exception  there  are  few  recent  and  satisfactory 
commentaries  in  English  on  the  legal  books.  The  exception 
is  Driver's  "Deuteronomy"  (1895,  in  the  "International 
Critical  Commentary  "),  which  meets  in  full  measure  all  rea- 
sonable demands.  It  also  contains  a  large  amount  of  impor- 
tant archaeological  material.  It  is  sincerely  to  be  hoped  that 
the  volumes  in  the  same  series  on  Exodus,  Leviticus  and 
Numbers  will  prove  equally  good,  for  they  are  greatly  needed. 
The  brief  comments  in  "  Leviticus  "  by  Driver  and  White 
(1899,  in  "  Polychrome  Bible ")  are  valuable,  Kalisch's 
**  Commentary  on  Leviticus "  is  still  useful.  The  articles 
"Exodus,"  "Leviticus,"  "Numbers"  and  "Deuteronomy" 
in  the  two  new  Bible  dictionaries  already  cited  may  be  read 
with  profit. 

The  historical  background  of  the  laws  may  be  traced  in 
Kittel's  "History  of  the  Hebrews"  (2  vols.,  1892),  Kent's 
"History  of  the  Hebrew  People"  (2  vols.  1897),  and  "His- 
tory of  the  Jewish  People  "  (1899),  and  in  the  article  "  Israel  " 
in  the  Bible  dictionaries.  The  broader  political  horizon  can  be 
studied  in  Goodspeed's  "History  of  the  Babylonians  and  As- 
syrians "  (1902)  in  McCurdy's  "  History,  Prophecy  and  the 
Monuments  "  (3  vols.,  1894-1901),  in  Jastrow's  "  Religion  of 
Babylonia  and  Assyria"  (1898),  and  in  the  dictionary  articles, 
372 


Appendix 

"Assyria,"  "Babylonia,"  "Egypt,"  "Canaanite,"  and 
"  Phoenicia."  A  fresh  treatment  of  the  history  of  Israel's  re- 
ligion is  found  in  Budde's  "  Religion  of  Israel  to  the  Exile  " 
(1899),  and  Chejme's  "Jewish  Religious  Ideas  after  the  Ex- 
He  "  (1898),  and  Duff's  "Ethics  and  Religion  of  the  He- 
brews"  (1902). 

The  general  subject  of  Israelitish  law  is  suggestively  treated 
in  W.  Robertson  Smith's  "Old  Testament  in  the  Jewish 
Church"  {in  loco),  in  Sanday's  "  Bampton  Lectures"  (1893), 
Lecture  IV.,  in  the  article  "Origin  and  Growth  of  Israelitish 
Law"  by  Kent  and  Sanders  in  "Contributions  to  Biblical 
Science  by  the  Department  of  Biblical  Literature  of  Yale  Uni- 
versity "  (1901),  in  the  article  "  Law  "  (by  Driver)  in  Hastings' 
"  Dictionary  of  the  Bible  "  and  "  Law  Literature  "  (by  Gray) 
in  "Encyclopaedia  Biblica." 

The  results  of  the  labors  of  the  great  pioneer  in  the  study  of 
Semitic  institutions,  W.  Robertson  Smith,  are  found  in  his 
"  Kinship  and  Marriage  in  Early  Arabia  "  (1885)  and  in  his 
monumental  work,  "  Religion  of  the  Semites  "  (2d  edition, 
1894).  Professor  Barton  in  his  recent  "  Sketch  of  Semitic 
Origins  "  (1902)  has  collected  many  interesting  data  and  made 
some  valuable  suggestions  regarding  the  origin  and  history  of 
Israel's  institutions.  In  his  "Primitive  Semitic  Religion  To- 
day "  (1902),  Professor  S.  I.  Curtis  puts  in  accessible  and  at- 
tractive form  the  results  of  his  recent  gleanings  in  biblical 
lands.  The  field  represented  by  these  books  still  presents  an 
imposing  array  of  doubtful  or  unanswered  questions ;  but  it 
is   safe  to   predict   that   the   next   few  decades  will   witness 

373 


Appendix 

marked  progress  toward  the  definite  solution  of  many  of  them. 
The  latest  conclusions  and  theories  are  to  be  found  in  the  two 
new  Bible  dictionaries,  especially  in  the  articles,  "Ark," 
"  Azazel,"  "  Clean  and  Unclean,"  "  Feasts,"  "Food,"  "Le- 
vites,"  "Magic,"  "  Molech,"  "  Nazirite,"  "Priest,"  "Sab- 
bath," and  "  War." 


374 


INDEX  OF  OLD  TESTAMENT  LAWS 


INDEX  OF  OLD   TESTAMENT   LAWS 


CHAPTERS 

a :  a,  3..- 


GENESIS 

PAGES 
361 

a  :  18,  23,  24. 150 

8:  20.,  336 

9:4*. 302 

9:  5' 6. 88 

28:  18 339 

35:  14 339 

EXODUS 


zo  :  a4,  25 

12  :  1-14,  46 

12  :  15-20 

12 :  18-20 

12 :  21-23 

12  ;  25-27* .. 

12:43-45  48,49 

*»:  43  

««:48,49 

12  :  48 

X2  :49 

«3:  a 

»3  :  3-10  

13  :  II,  i2«,  i3«-i6 

13:  "-13 

16 :  11-31 

16  :  22-30 

18  :  12 

18 :  12-26 

19  :  6 

ao:  1-5 

20  :  3 

20:  4-6 

20 :  7 

ao:  8-11 


335 

36a 

363 

304 

354 

354 

•135,  362 

"9 

170 

315 

237 

318 

356 

361 

355 

335 

180 

246 

=43 

6s 

68 

74 

...79.355 


CHAPTERS 

20  :  10.... 


PAGES 
.134 


20:   12 83,   114 

20  :  13 86 

20:  14 92 

20  :  IS 106 

20  :  16 104,  184 

20  :  1 7 105 

20  :  22,  23 243 

20  :  23 68 

20  :  24 336 

20  :  24-26 258 

21 :  2-4 124,  229 

21  :  s,  6 123 

21  :  7,  8 124 

21:  7-9 150 

21  :  7-ii....» 116 

21  :  12-14 87,  186 

21  :  IS 89, 114 

ai  :  16 91 

21  :  17 83,  114 

21  :  18, 19 157 

21  :  20,  21 87,  89, 127 

21  :  22-25 90 

21  :  23-^25 59 

21 :  26,  27 90,  124,  127,  216 

21  :  28-32 91, 157 

21  :  33.  34 158 

21  :  35.  36 158 

22:  I 106,  156 

22  :  2,  3* 106 

22  :  3*,  4 156 

22  :  3,  4 107 

22  :  5 108,  158 

22  :  6 108,  159 

22:  7,  8 159 

22  :  9 160 


377 


Index  of  Old  Testament  Laws 


CHAPTERS 


10-13 159 

I4>  15 160 

16 , 


16,  17. 


,146 
.94 
•71 


20 65 

21-24 ^°^ 


•131 
■135 


22-24 218 

22-25 157 

25 100,   222 

26,  27 138,  214 

28 , 


28«, 
29*  , 


173 

•74 

.322 


22  :  29'> 317 


1-3,  6,  7. 
i» 


.240 
•303 
.184 
.103 
.105 


I" 104 

4.  5 161,  237 

6 136,  218 

6.7 181 


9 

10,  II. 


102,  181 
lOI 

.227,  357 
.209 


12 79,  134,  210,  216,  355 

13 247 

14,  17 355 


15.- 

i6*. 
16b. 
i8». 
i8», 


356 

....  356 

357 

•303.  338 
353 


319 

243 

6s 

248 

272 

:  31-33 246 


19" 

24i  32,  13' 

25 

30. 


CHAPTERS 

24  :  13.  14- 

24  :  25» . . . 

25  : 1-8,,. 

25:8 

25 :  10-22. 
25 :  23-30. 
25:  30..., 
25 :  31-40. 

1-33- 


PAGBS 
....180 
....338 
. . . . 269 
....259 
...•257 
. . . . 270 
....27a 
.270 
.269 


26 

26  :  34-36 271 

26  :  52-56 1 7a 

27  :  1-8 270 

27:  9-19 «7i 

27  :  20,  21 272 

28  :  6-12 296 

28  :  13-30 .  296 

28:  31-39 297 

28  :  31-35 296 

28  :  40-43 28 

29:  1-25,  35i  36 28 

29  :  4 288 

29  :  8,  9 a88,  289 

29  :  27,  28 293 

29:  38-42 273,  348 

29  :  40-42 340 

30:  1-5 271 

30  :  6 271 

30:  7.  8    349 

30:  7-9 340 

30:  7-10 273 

30:  10 365 

30  :  11-16 171 

30  :  12-16 , ...32a 

30:  17-21 270,290 

30  :  34-38 340 

31  :  12-17 361 

31  :  13-17 81 

32  :  25-29 278 

33:  54 17a 

34:12,13 .243,246 

34:  12,  15,  16 144.246 

34:  13-15 X93 

34:  14 64,247 

34:  14-17 »43 


34:  15,  16.. 


34 


378 


Index  of  Old  Testament  Laws 


CHAPTERS 

34:18.... 

34 

34 

34  :  30' 

34  :  21 


PAGES 

356 

i9«,  2o"    317 

19b,  20*«  b. 318 

322 

79.  355 

34  :  22  • 356 

34:  22b 357 

34:23 355 

34  :  25» 303,  338 

34:  25b 353 

34:  26* 319 

35:  1-3 361 

35:  2,3 81 

39:  2-7 296 

39  :  8-«i 296 

39  :  22-26 296 

39  :  27-31 297 

40 :  12 288 

40:  14 288,  289 

40:  IS 288 


LEVITICUS 


a»»,3 
3-13 •• 
14-17 


.291 
335 
•  337 
•337 
.294 


1-9 291 

2^3 338 

4-16 339 

14-16 291,320 

291 


1,6.. 
1-7.. 
1-17. 


■336 
■341 
.302 


1-12 345 

13-21 345 

22-26 345 

27-35   344 


1,4-13- 
1-6. ... 
2,  3  ••• 
7-13. •• 


185 
.104 
.343 
.310 
.344 


10. ... 
11-13- 
14-19. 
1-7... 


125 

293 

343 

343 

160 

107 

337 

.2941338 

339 

293 


2-5 

2-7 

8-13 

14-18 , 

19-23 

24-26 

24-30 345 

1-7 293,343 

7.  9b  10 294 

8 294 

293,341 

30s 

342 

303 

77 

302 


11-14. 

15-18. . 
15-21., 
i9*..., 
20,  21. 
23b_25 


24.... 
28-34. 
28-36. 


I3-... 
14.  15- 


7-1 1. 
6,7 


10:  8 

10; 

10 

10 

II 

II 


9... 
-10.. 
10,  II. 
14,  IS- 
16-20. 
1-8... 


9-12 

13-19 

20-23,  29,  30,  41-45- 

24-27.  39.  40 

26,  27 

31-38 

46,  47 

1-8 

3 


.303 
•342 
•293 


.288,289 

345 

288 

...   .288 
345 


.290 
.297 
.291 
•293 
•345 
.301 
.310 
.301 
.301 
.301 
.310 
.301 
.310 
.30a 
.308 
.315 


379 


Index  of  Old  Testament  Laws 


CHAPTERS 
13:  1-8... 


PAGES 


292 

9-1 1 292 

12,  13 292 

H-17 292 

18-28 292 

29-59 292 

45.  46 306 

1-8 307 

1-32   293 

2-52   348 

9-20 309 

21-32 .308 

33-48 292 

33-53 307 

49-53 2^3 

308 


5-i«,  19-27. 
1-4.  6 


310 

....364 

346 

36s 

364 

135 

365 

.259.305 


5,  7-1 1,  14-28 

12,13 

29 

29-34 

3-9 

6 291 

8-16 134 

10-14 302 

15 303 

3.  24 72 

4.  5.  26 245 

6-18 95,  142 

12,  13 294 

19 97 

20. 93 

2o'> 75 

21' 73 

22 95 

23 97 

24 142 

24,  25 246 

24-26 134 

2 246 

3» 84,  IIS 

3b 80 

s"*.  30. 361 

4 70 


CHAPTERS 


PAGES 


5-8 30S.342 

9.  10 «33.  137.  219 

ii»,  i3«» 107 

ii*" 104 

9  :  12 75.104 

9:  i3'> 118,  215 

9  :  14 102 

IS 103, 182 

16 105, 184 

17,  18 238 

19 100 

19^  37 245 

20 94,  127 

20-22 343 

21.  22 128 

2ib 259 

21,  2S 304 

23-25 ..304 

24 320 

26» 302 

26* 72 

27,  28 243 

28* 30a 

29 98 


30-... 
31  — 

32*. .. 
32«... 

33.--- 
33,  34- 
34  • .  • . 
35'  ... 
35-37- 
2,  3. . . 

4.  S.-- 

6 

20 :  8,  22. 


...76.80 

72 

137 

..  ..247 
.   ...102 

13a 

237 

.103,  182 

109 

73 

74 

72 

24s 


20:  9 84,  115 

20:  10 93 

20:  II,  13,  14,  17,  19-21 95,  142 

20  :  13 .96 

20:  IS ...97 

20  :  18 97 

20  :  23 72, 243 

20:  25,  26 301 


380 


Index  of  Old  Testament  Laws 


CHAPTERS 
a6.... 
27.... 
1-4... 
i-iS.. 
5,6... 

9 


PAGES 
...246 

— r 

...289 

,...289 
,...146 
, . . . 290 
99 


10-12 297 

13-^5 146,297 

16-24 287 

1-9 290 

9-9 312 

3 77 

A*- 306 

8,9 303 

10-16 305 

lob 119 

I2»  13 134 

18-25 134 

18,  19 322 

19-29 335 

21-25 341 

27,38 212 

29.  30 342 

3     361 

5 362 

6-8 363 

IO0-2I 363 

lo-ii 320 

13 -340 

15-20 295 

22 133.137.  219 

23-25 364 

26-32 365 

33-36,  39-44 366 

1-4 279 

5-8  295 

5-9   272,340 

10-14 75 

I5^I6 75 

16,  22 132 

17 88 

18,  ai*. 157 

»9 90 

»9.ao 59 


CHAPTERS 

21I) 

22 

23 

1-7 

1-7,  20-22 
5-7 


237 

75 

229 

367 

210 

o "8,133 

8-19,  23-34,  39-42,  47-55 368 

io» 

lob,  13-15 

^3-- 

14-16 

20-22 

«3 

23.  24 

24,  25 

25-28 

26,  27 

28,  3i'>,  33 


235 

«34 

>56 

154 

329 

154 

234 

155 

234 

»S5 

156 

29-32 155 

29-34 287 

34 15s 

35 228 

35-38 101,137,223 

39-46 122 

39.  40*.  43 216 

39''-42 235 

47-52 125,  235 

47,  48,  53 133 

53 126 

54,  55 X36 

55 348 

1 70,  243 

2» 80 

2'' 359 

2 261 

368 

294,324 

294,319 

326 

32X 


27-35.  43 

1-29 

26,  27  . . . 
28,  39. . . , 
30-33 •    •  • 


NUMBERS 


1 :  1-3  • 
1:2,3. 
1 :  4,  16  . 


.171 
.194 
.196 


38: 


Index  of  Old  Testament  Laws 


47-51 280 

49 ^95 

5o«,  53 «86 


33-- 

5,6,9.... 
5,  10.  ... 
5-9  •••• 

11-13 

14,  15,  40. 

25-37 

29-32.   .., 


Isk:::::::::::::: 

44-51 

46-51  

1-3,  22,  23,  29,  30. 

4.  5,  15,  24-33 

4-6- 

S-16  

17-20 

27,  28 

1-3 

1-4   

5-8 

6,7 


9,  10. . . 

12'>-31  . 
I2b_27. 

ab-8..., 


9-12. 


S-22  . 
i5i  24, 
16-18. 
24-26. 
1-14.. 


33-36- 
1-16. 
5.  7.  I' 


195 

.  ..291 

...284 


.318 

.171 
.286 
.286 
.258 

..76 
.318 
•294 
.171 
386 

258 

.291 

..76 

.391 

.198 
.306 

,343 
••59 
..59 
.294 
.348 
•  •93 
.117 

•3" 
•323 
312 
.270 
.285 
.286 

•3|^ 
.285 

.363 

,237 

.198 

.257 

.338 

.340 

.135 

.237 


38 


CHAPTERS  PACES 

15  :  17 294 

15  :  i8-2i 320 

15  :  20 294 

15  :  22-26 344 

15:  27-31 344 

15  :  29,  30 132,  237 

15  :  30.  31 ''06 

15  :  32-36 81,  361 

15:  37-41 244 

17  :  i-ii 284 

18  :  i»,  2» 291 

18  :  2 286 

18  :  I,  2b,  5,  7» 291 

18  :  1-6 286 

18  :  1-7 284 

18  :  8,  II,  14,  19 294 

18:  9 343 

18:9,  10 293 

18  :  15-18 294,  319 

18  :  20 293 

18  :  21,  23,  24 286 

18  :  22 76 

18:26-32  295,321 

19  *•  1-22 347 

19  :  11-21 309 

19  :  22  310 

25:  6-15 14s 

26  :  2 194 

26  :  52-56 172 

27  :  1-8  163 

27  :  9-1 1 164 

28  :  1-8 348 

28  :  9,  10 361 

28  :  11-15 360 

28  :  16-25 •. 363 

28  :  26-31 363 

29  :  t-  6  364 

29:  7-11 365 

29:  12-38 367 

29  :  27,  28 ... .  293 

30  :  1-16 324 

30:  3-5 "5 

30:  6-8 118 

30  :  12-15 1^8 

31:3 198 

31  :  7-18 20Z 

2 


hidex  of  Old  Testament  Laws 


kPTERS  PAGES 

19 309 

20-24 311 

21-24 347 

25-29 29s 

25-54 326 

28-30,  47 287 

54 172 

13-15 172 

1-8 

9-25-. 

14-29 

15 


PAGBS 


.287 
.186 


132 


22-25 183 

26-32 187 

30-34 89 

30 184 

I-I2 164 

3.4 156 


DEUTERONOMY 


16.... 
16,  17. 
3-6... 


.196 


9-14 


201 

244 

245 

244 

10 247 

15-24 70 

25-28 70 

41-43 186 

245 

247 

243 


xo. 


6,7 
7 

7 65 

8-10 68 

" 74 

12-15 80,  355 


.83, 


'34 


•92 


19 106 

20 104,  184 


5: 
5: 
5: 
6: 
6: 
6: 
6: 
6: 
6: 
6: 
6: 
6: 
6: 
6: 
7  : 
T- 
7- 
7: 
7: 
7: 
7: 
7: 
8: 
8:  6'. 


29 •• 

32,  33 

2,  13.  24..., 

3M7 

4'  5 

6.7 

8.9 


«o5 

247 

245 

247 

245 

248 

, . .  190,  244 
244 


10-12 247 


i3-.. 
i4»  15. 
14-16. 
17,  18. 
20-25  . 


1-6 

I,  2,  16,  22-24, 


l^t 


25,  26. 


.248 
•243 
..65 
.248 
190 
.248 
.T44 
.200 
..69 

•243 
.246 

245 
.201 
•24s 


10-19. 
19,  ao. 

-S-. 


10  :  8 
10  :  8* . 


247 

65 

•.•257 

278 

279 

8D 279 

;  8,  9 281 

12,  13 245,  243 

:  12,  30 347,  248 

16 248 

18b,  19 236 

19 131 

I.  8,  9,  32 245 

1.  13-15 248 

16,  17 65 

i8» 244 

18-21 190 

i8»>-20 244 

26-28 66 

1-12 259 

2,  3 69,243 

5.  6,  XI,  la 336 


Z^3 


Index  of  Old  Testament  Laws 


CHAPTERS 


PAGES 
..    ..322 

336 

341 

323 

280 

259 

304 

302 

128 

....302 
323 

•73.  243 

66 

247 

67 

67 

243 

246 

301 

301 

....301 
....  301 

134,  303 

22-27 220,  259,  280 

92-29 321 

23 247 

33-27 318 

28,29 132,136,221 

1-3 133.  138,  227 

*-6 357 

4.5 228 


5-8 

5,  6,  IX,  27*.. 

6,  17,  a6 

10-12 

II,  12,  17, 19. 
13-21,  26-28.. 

15,  20-27  

i6... 

17,  18 , 

23-25 

26 

29-31  

1-5  

4 

6-11 

12-18 

X|2    

2,    2I« 

3-8 

9,  ic 

11-20 

»9 

2I» 


7-" 136,  228 

12-15,  18 124,  230 

i6,  17 123 

i9»  20 259 

19-22 318 

21 335 

23  •••    302 

i»  2,4»>-7 354 

4*.- 353 

5»6 259 


9-" 356 

10-12 138 

10,  II 128 

10-15 280 

10-17 322 


PAGES 

....136 

220 

357 

....355 


II,  12 

13-15 

16,  17 

18  ....181 

i8«>-2o x8i 

19*,  20 103 


..69 
■335 
..66 
184 
184 
X83 


r;;;:;:;;;;;:;;;;:. 

7» 

8-11 

8-13 

12,  13 105,  185 

14.  15 173 

16-17 173 

18-20 174 


4... 

5-7- 
6-8 


.247 
.280 
.281 
•243 
•  320 
•279 
281 


9-14. 
io».. 


15-18. 
19,  20. 
19-22. 


277 

•'- 277 

75 

21,  22 277 

1-13 87,  186 

14 X08 

15 184 

16 183 

16-21 104,185 


.280 

.195 
.195 


384 


Index  of  Old  Testament  Laws 


CHAPTERS  PAGES 

9 196 

10-12  ...  190 

10-15 200 

14-18 201 

16-18 200 

19,  30 202 

1-5  279 

1-9  182 

5 278 

10-14 *i7i  145.  20I1  217 

»4 151 

15-X7 163 

18-21 83,  114 

22,  23 309 

1-4 161 

5 99 

6,  7 210 

8  212 

9-" 99 

12 244 

13-21 98 

19,  28,  29 151 

22-24 93 

25-27 93 

28,  29 94,  146 

30 95.  142 

1-8 169 

9-14 197 

15,  16 126 

17,  18 96 

18 ...323 

19,  20 . . .  100,  223 

20 133 

21.  23 323 

24,  25 107 

1-4 151 

5 195 

6 215 

7 91 

8 188,  306 

8,  9 280 

10,11 ...214 

12,  13 214 

14,15 102,118,215 

14.  17.  18 131 

16 138,  214 


CHAPTEKb  PAGES 

24  :  17,  18 135,  218 

24  :  19-22 133,  136,  219 

25  :  1,  2  ..  182 

25:  2 185 

25  :  2,  3 213 

25  :  4 209 

25  =  5,  6 148,  163 

25  :  7-10 148 

25  :  II,  12 99 

25  :  13-16 109 

26  : 1-4 279 

a6  :  i-i  I 320 

26  :  II 220 

26:12,13 221 

26:  12-15.  321 

26  :  16,  17 245 

26  :  16-19 246 

27:  1-4,  8 188 

27:  5-7..-  258 

27:  6 336 

27  :  10,  26 245 

27:  i5.-.. 69,  243 

27  :  16 84,  114 

27  :  17 108 

27:18,19 y  .102 

27  :  19 131.  135,  218 

27  :  20,  22,  23 95.  142 

27:21  97 

27  :  24 90 

27  :  25 103,  182 

9,  10 246 

13 66 

8-10 248 

IS.  16 24s 

15,16,19,20 248 

17,18 65 

9 *79 

10-13  358 

10,  II 259 

10-13 189,  358 

12,  13 247 

24-26 257 

25,  26 279 

8» 278 

io».  •> 278 

100 279 


385 


Index  of  Old  Testament  Laws 


JOSHUA 

CHAPTERS  PAGES 

3:  6,  7,  13,  14 257 

8:30-32 189 

8:33-35 »89 

9  :  26,  27 281 

18  :  2-10 172 

19:47 172 

I  SAMUEL 
30 :  24,  25 201 

EZEKIEL 

40:  5...  260 

40 :  6-16 261 

40  :  17-27 261 

40 :  28-43 361 


CHAPTERS  PAGB8 

40:44-46 263 

40:  47-49 262 

41:1,3  263 

41  :  3.4 863 

41  :  5-7 a63 

41  :  8-i5» 263 

41  :  i5i>-26 263 

43  :  1-12 264 

42:  13.  14 264 

43  :  13-17 262 

44  :  6-14 .....sSi 

44  :  IS,  16  382 

44  :  17-19 »83 

44  :  20-32,  25-27 282 

44:23,24 282 

44  :  28-31 282 

45:1-8 383 

45:  9->7 283 

46 :  19-34 364 


386 


PATE  DUE 

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lb 

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NOV  9 

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GAYLORD 

PRINTEDINU.S.A. 

